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PEOPLE v. WILSON

219 A.D.2d 164 (1996)

641 N.Y.S.2d 846

The People of the State of New York, Respondent, v. Eric Wilson, Appellant

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

April 15, 1996

Attorney(s) appearing for the Case

Daniel L. Greenberg, New York City (David Crow of counsel), for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Steven J. Chananie, John M. Castellano and Randy S. Alpert of counsel), for respondent.

Jonathan E. Gradess, Albany (Alfred O'Connor of counsel), for New York State Defenders Association, amicus curiae.

FLORIO, J., concurs with FRIEDMANN, J.; RITTER, J. P., concurs in a separate opinion; PIZZUTO, J., dissents in a separate opinion in which HART, J., concurs.

FRIEDMANN, J.

The issue presented on this appeal is whether counsel's declaration of continued representation was sufficient to invoke a defendant's right to counsel, precluding the Queens police officers who heard the declaration, and who knew that counsel was representing the defendant on related charges in Brooklyn which were dismissed, from legally obtaining a renunciation of the defendant's right to counsel...

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