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PEOPLE v. VELASQUEZ

68 N.Y.2d 533 (1986)

The People of the State of New York, Appellant, v. Domesindo Velasquez, Respondent.

Court of Appeals of the State of New York.

Decided December 18, 1986.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Andrew J. Turro and Mark Dwyer of counsel), for appellant.

Raymond S. Sussman for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, ALEXANDER and HANCOCK, JR., concur with Judge KAYE; Judge TITONE dissents and votes to affirm in a separate opinion.

KAYE, J.

There having been no State interrogation, defendant's right to counsel was not violated where, though represented by counsel in a State court prosecution against him, he testified without counsel on behalf of a friend in a Federal prosecution against the friend on related charges.

The essential facts are undisputed. On February 8, 1983, after receiving a tip that there was an illegal alien with...

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