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PEOPLE v. FARRUGGIA

61 N.Y.2d 775 (1984)

The People of the State of New York, Respondent, v. Robert Anthony Farruggia, Sr., Appellant. The People of the State of New York, Respondent, v. Anthony Caccia, Appellant.

Court of Appeals of the State of New York.

Decided February 14, 1984.

Attorney(s) appearing for the Case

Diana M. Irizarry for Robert Anthony Farruggia, Sr., appellant.

Charles A. Schiano for Anthony Caccia, appellant.

Howard R. Relin, District Attorney (Wendy Evans Lehmann of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.

MEMORANDUM.

The orders of the Appellate Division should be affirmed.

Taping conversations between a defendant not in custody and an accomplice-informant involves no violation of defendant's right to counsel even though the police are aware that defendant has counsel on a prior unrelated charge (People v Hauswirth, 60 N.Y.2d 904; see People v Ferrara,

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