PEOPLE v. SKINNER


52 N.Y.2d 24 (1980)

The People of the State of New York, Respondent, v. Harry G. Skinner, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1980.


Attorney(s) appearing for the Case

Joseph A. Shifflett and Rose H. Sconiers for appellant.

Edward C. Cosgrove, District Attorney (John J. De Franks of counsel), for respondent.

Judges JONES, WACHTLER, FUCHSBERG and MEYER concur with Chief Judge COOKE; Judge JASEN dissents and votes to affirm in a separate opinion in which Judge GABRIELLI concurs.


Chief Judge COOKE.

Another in the line of cases concerning the scope of the right to counsel in this State, this appeal presents the question whether an individual who has obtained counsel specifically on the matter under investigation may be interrogated on the very same subject in a noncustodial setting after defendant's attorney had instructed the police not to question defendant in his absence. The answer...

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