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PEOPLE v. CARRACEDO

89 N.Y.2d 1059 (1997)

681 N.E.2d 1276

659 N.Y.S.2d 830

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

Court of Appeals of the State of New York.

Decided May 6, 1997.

Attorney(s) appearing for the Case

Andrew C. Fine, New York City, Daniel L. Greenberg and Barbara Zolot for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Peter D. Coddington of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

During a pretrial suppression hearing, the trial court directed defendant not to communicate with his counsel about "the case" during an overnight recess that commenced in the middle of defendant's testimony on cross-examination. Defendant was subsequently convicted of murder in the second degree. Relying on Geders v United States (

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