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PEOPLE v. SHORT

110 A.D.2d 205 (1985)

The People of the State of New York, Respondent, v. Bernard Short, Appellant

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

September 30, 1985

Attorney(s) appearing for the Case

Polstein, Ferrara & Campriello (Austin V. Campriello of counsel), for appellant.

Patrick Henry, District Attorney (John J. Ribeiro of counsel), for respondent.

GIBBONS, J. P., BROWN and O'CONNOR, JJ., concur.

BRACKEN, J.

A suspect who has retained counsel with respect to a matter under investigation may not be interrogated regarding that matter in a noncustodial setting, except in the presence of counsel, where law enforcement authorities are aware of such representation (People v Skinner, 52 N.Y.2d 24). On this appeal, we are called upon to review the denial, after a hearing...

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