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UNITED STATES v. McELROY

No. 238, Docket 82-1086.

697 F.2d 459 (1982)

UNITED STATES of America, Appellee, v. Rory Tyree McELROY, Appellant.

United States Court of Appeals, Second Circuit.

Decided December 27, 1982.

Attorney(s) appearing for the Case

Peter Lushing, New York City, for appellant.

Stephen Schlessinger, Asst. U.S. Atty., New York City (John S. Martin, Jr., U.S. Atty. for the S.D.N.Y., Roanne L. Mann, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before LUMBARD, OAKES and WINTER, Circuit Judges.

LUMBARD, Circuit Judge:

The record on this appeal by Rory Tyree McElroy from his convictions under 21 U.S.C. § 846 (1976) for conspiracy to possess and distribute heroin and under 21 U.S.C. § 841(a)(1) (1976) for distribution and possession of heroin with intent to distribute convinces us that by failing timely to advise defense counsel of McElroy's responses to the Miranda warnings the prosecutor prejudiced McElroy's defense and deprived him of a...

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