PEOPLE v. GAMBLE


70 N.Y.2d 885 (1987)

The People of the State of New York, Appellant, v. Ronald Gamble, Respondent.

Court of Appeals of the State of New York.

Decided December 15, 1987.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Kathleen E. Fay and Mark Dwyer of counsel), for appellant.

Robert S. Dean and Philip L. Weinstein for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be affirmed.

We agree with the majority at the Appellate Division that defendant's written confession and portions of his oral statement were obtained in violation of his right to counsel, which he invoked by his negative response when asked whether he was "willing to answer questions without an attorney present" (see, People...

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