PEOPLE v. MURRAY


129 A.D.2d 319 (1987)

The People of the State of New York, Respondent, v. Thomas Murray, Appellant

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

July 16, 1987


Attorney(s) appearing for the Case

James B. McCarthy for appellant.

Steven Chananie of counsel (Susan Corkery with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

SANDLER, J. P., and KASSAL, J., concur with ROSENBERGER, J.; SMITH, J., dissents in an opinion; CARRO, J., concurs in the dissenting opinion of Justice SMITH and dissents separately in an opinion.


ROSENBERGER, J.

The facts are reasonably set forth in the dissent by Justice Smith.

There was no deprivation of the defendant's right to counsel by the actions of the police or the District Attorney. It is clear that when a defendant is represented by counsel in a pending case any statement taken from him by law enforcement authorities, in the absence of his attorney, may not be used against him, even...

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