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PEOPLE v. ENRIQUE

80 N.Y.2d 869 (1992)

The People of the State of New York, Respondent, v. Juan Jose Enrique, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1992.

Attorney(s) appearing for the Case

Joseph V. DiBlasi for appellant.

Robert M. Morgenthau, District Attorney (Jeanne A. Olivo and James D. Gibbons of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge KAYE dissents and votes to reverse in an opinion.

MEMORANDUM.

The order of the Appellate Division should be affirmed. We agree with the Appellate Division, for the reasons stated by Justice Sullivan (see, 165 A.D.2d 13), that the defendant's Sixth Amendment rights under the United States Constitution were not abridged by the court's ruling that defense counsel could not confer with his client during a luncheon recess. Nor do we...

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