PEOPLE v. SERVIDIO


77 A.D.2d 191 (1980)

The People of the State of New York, Respondent, v. Joseph Servidio, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 10, 1980


Attorney(s) appearing for the Case

John F. Middlemiss, Jr. (Anna M. Perry of counsel), for appellant.

Patrick Henry, District Attorney (Maureen S. Hoerger of counsel), for respondent.

MANGANO, O'CONNOR and WEINSTEIN, JJ., concur.


HOPKINS, J. P.

The defendant challenges his conviction for burglary in the third degree on several grounds. Only one of the grounds demands elaboration.

The defendant urges that his statements to the police in the absence of his attorney representing him on pending unrelated charges should have been suppressed. Because there is no showing that the police officers taking the statements knew that the defendant...

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