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PEOPLE v. BERTOLO

65 N.Y.2d 111 (1985)

The People of the State of New York, Respondent, v. Joseph F. Bertolo, Appellant.

Court of Appeals of the State of New York.

Decided April 30, 1985.

Attorney(s) appearing for the Case

Karl E. Bonheim and John F. Middlemiss, Jr., for appellant.

Patrick Henry, District Attorney (Daniel J. Murphy of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS and KAYE concur with Judge JASEN; Judge ALEXANDER dissents and votes to reverse in a separate opinion in which Judge MEYER concurs.

JASEN, J.

The issue presented on this appeal is whether a suspect's right to counsel is violated by police questioning about a crime then under investigation, where the police know that the suspect was arrested several months earlier on unrelated minor charges but are unaware that those charges are still pending and that the suspect is represented thereon by counsel.

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