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PEOPLE v. KIRK

275 A.D.2d 983 (2000)

713 N.Y.S.2d 620

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WESLEY KIRK, Appellant.

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

Decided September 29, 2000.

Judgment unanimously reversed on the law and indictment dismissed.

Memorandum:

The judgment of conviction must be reversed and the indictment dismissed because defendant's right to counsel at a critical stage of the criminal proceedings was violated (see, NY Const, art I, § 6; People v Chapman, 69 N.Y.2d 497, 500). Defendant's indelible right to counsel had attached upon the filing of a felony complaint...

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