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PEOPLE v. MARSHALL

98 A.D.2d 452 (1984)

The People of the State of New York, Appellant, v. Dennis Marshall, Respondent

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

January 16, 1984

Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Maryanne Luciano and Gerald D. Reilly of counsel), for appellant.

Stephen J. Pittari (Neal D. Jacobs of counsel), for respondent.

TITONE, WEINSTEIN and RUBIN, JJ., concur.

MOLLEN, P. J.

This appeal concerns the admissibility of a confession which, although given after Miranda warnings (see Miranda v Arizona, 384 U.S. 436), was suppressed because the defendant's voluntary waiver of counsel was not made in the presence of an attorney. The appeal calls upon us to apply the holdings of a series of cases by which our Court of Appeals has progressively expanded a suspect's right to...

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