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PEOPLE v. GREEN

86 A.D.2d 962 (1982)

The People of the State of New York, Respondent, v. Leonard Green, Appellant

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

February 26, 1982

Judgment unanimously reversed, on the law, and a new trial granted.

Memorandum:

After he had been arraigned and assigned counsel on an unrelated matter, defendant was interrogated and a confession obtained on the instant charge in the absence of his assigned counsel. People v Rogers (48 N.Y.2d 167) prohibits questioning under those circumstances and requires suppression of the statement. Although the Rogers

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