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PEOPLE v. JOSEPH

84 N.Y.2d 995 (1994)

646 N.E.2d 807

622 N.Y.S.2d 505

The People of the State of New York, Appellant, v. Aaron Joseph, Respondent.

Court of Appeals of the State of New York.

Decided December 22, 1994.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Nicoletta J. Caferri and Steven J. Chananie of counsel), for appellant.

Jeffery I. Richman, New York City, and Philip L. Weinstein for respondent.

John D. B. Lewis, New York City, for New York State Association of Criminal Defense Lawyers, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

We hold that the trial court denied defendant his right to counsel under both the Sixth Amendment of the Federal Constitution and article I, § 6 of the New York State Constitution by forbidding him from discussing his trial testimony with his attorney during a weekend recess.

Defendant and his former wife were arrested after a dispute...

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