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PEOPLE v. HARVEY

224 A.D.2d 713 (1996)

638 N.Y.S.2d 963

The People of the State of New York, Respondent, v. Gregory Harvey, Appellant

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

February 26, 1996

Ordered that the judgment is affirmed.

We agree with the defendant that his written and subsequent oral statements to the police, which he made outside the presence of his attorney after his right to counsel had attached, were not "spontaneous" and therefore should have been suppressed (see, People v Ferro, 63 N.Y.2d 316, cert denied 472 U.S. 1007; People v Lucas, 53 N.Y.2d 678

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