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PEOPLE v. COLWELL

103 A.D.2d 169 (1984)

The People of the State of New York, Respondent, v. Mark S. Colwell, Appellant

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

August 23, 1984

Attorney(s) appearing for the Case

Thomas J. Fox (Thomas A. Saitta of counsel), for appellant.

Patrick H. Mathews, District Attorney (Gerald F. Mollen of counsel), for respondent.

WEISS and HARVEY, JJ., concur with CASEY, J. P.; YESAWICH, JR., and LEVINE, JJ., dissent and vote to reverse in an opinion by YESAWICH, JR., J.

CASEY, J. P.

Defendant's chief contention on this appeal is that his oral and written statements were taken from him by the police in violation of his right to counsel since the police, at the time of the custodial interrogation, were or should have been aware that he was represented by the Public Defender on an appeal from a prior unrelated conviction. We disagree.

Defendant was implicated in the crimes...

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