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PEOPLE v. BURDO

224 A.D.2d 115 (1996)

649 N.Y.S.2d 949

The People of the State of New York, Appellant, v. Francis J. Burdo, Respondent

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

November 7, 1996

Attorney(s) appearing for the Case

Penelope D. Clute, District Attorney of Clinton County, Plattsburgh (Catherine M. Paul of counsel; Evelyn M. Tenenbaum on the brief), for appellant.

Maryanne Bukolt, Plattsburgh, for respondent.

CREW III, J. P., WHITE, CASEY and SPAIN, JJ., concur.

YESAWICH JR., J.

On December 12, 1994, at the Clinton County Jail, Senior Investigator Richard Sypek, together with a fellow State Police investigator and a Plattsburgh City Police detective, interviewed defendant concerning the murder of Leo Gebo. Defendant, who was being held at the jail on assault and rape charges, was represented by counsel on those charges, a fact known to the interviewing officers.

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