PEOPLE v. CLAUDIO


85 A.D.2d 245 (1982)

The People of the State of New York, Appellant, v. Angel Claudio and Randolfo Maldonado, Respondents

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

March 15, 1982


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Joseph Fisch, Joseph J. Hester, Deborah Carlin Stevens, Barbara H. D. Goldberg and Barry A. Schwartz of counsel), for appellant.

Albert A. Gaudelli for Angel Claudio, respondent.

Marvyn M. Kornberg for Randolfo Maldonado, respondent.

MOLLEN, P. J., GULOTTA and THOMPSON, JJ., concur.


WEINSTEIN, J.

Several issues with significant constitutional ramifications are raised by this appeal. The primary issue is whether a defendant's confession to law enforcement personnel made prior to the initiation of formal judicial proceedings should be suppressed because it was the result of incompetent advice given by an attorney whom the defendant retained. We are of the opinion that where the law enforcement...

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