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PEOPLE v. YUT WAI TOM

53 N.Y.2d 44 (1981)

The People of the State of New York, Respondent, v. Yut Wai Tom, Appellant.

Court of Appeals of the State of New York.

Decided May 14, 1981.

Attorney(s) appearing for the Case

Burton C. Agata and Michael G. Dowd for appellant.

Robert M. Morgenthau, District Attorney (Donna Krone and Jerrold L. Neugarten of counsel), for respondent.

Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Judge MEYER; Judge FUCHSBERG concurs in result in a separate opinion; Chief Judge COOKE dissents and votes to affirm for reasons stated in the memorandum at the Appellate Division ().

MEYER, J.

Defendant's right to counsel at a postarraignment lineup conducted in the absence of counsel was waived where defendant's counsel, having arranged with the prosecutor the physical details of the lineup and the questions to be asked and having discussed with defendant his reasons for not remaining for the actual lineup and obtained defendant's consent, advised...

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