PEOPLE v. POLIMENI


128 Misc.2d 814 (1985)

The People of the State of New York, Plaintiff, v. Patrick Polimeni, Defendant.

City Court of Rochester.

June 20, 1985


Attorney(s) appearing for the Case

Howard R. Relin, District Attorney (Tad Wright of counsel), for plaintiff. Edward Nowak, Public Defender (Connie Walker of counsel), for defendant.


HERMAN J. WALZ, J.

The question presented in this case is whether a statement by a probationer to a probation officer is admissible in a probation violation hearing, when, at the time of the statement, probationer was represented by counsel for another pending charge. Although there are cases on related questions, appellate courts have not answered this precise question.

In October 1984, counsel was appointed for defendant probationer on new criminal...

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