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PEOPLE v. SCHIAVI

64 N.Y.2d 704 (1984)

The People of the State of New York, Respondent, v. Neil T. Schiavi, Appellant.

Court of Appeals of the State of New York.

Decided December 18, 1984.

Attorney(s) appearing for the Case

William F. Gallagher, Jr., for appellant.

Barry M. Donalty, District Attorney (Timothy P. Fitzgerald of counsel), for respondent.

Concur: Judges JASEN, JONES, WACHTLER, SIMONS and KAYE. Judge MEYER dissents and votes to reverse in an opinion in which Chief Judge COOKE concurs.

Order affirmed for the reasons stated in the memorandum of the Appellate Division (99 A.D.2d 665). Absent timely protest we do not address defendant's constitutional contention based on People v Ricco (56 N.Y.2d 320).

MEYER, J. (dissenting).

Respectfully, I dissent. I have no difficulty in concluding that defendant's statement to his father that, "I know what is going...

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