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PEOPLE v. DANIELS

159 A.D.2d 513 (1990)

The People of the State of New York, Respondent, v. Kelvin Daniels, Appellant

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

March 5, 1990

Ordered that the judgment is affirmed.

We find no merit to the defendant's contention that his confession was obtained in violation of his right to counsel because the interrogating detectives either knew or should have known that there was a pending charge against him. Given the defendant's representation that his last arrest had been "disposed of", the detectives cannot be charged with either actual or constructive knowledge of a pending charge or

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