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PEOPLE v. GIBSON

No. 114

17 N.Y.3d 757 (2011)

952 N.E.2d 1026

929 N.Y.S.2d 34

2011 NY Slip Op 5115

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY D. GIBSON, Appellant.

Court of Appeals of New York.

Decided June 14, 2011.

Attorney(s) appearing for the Case

Legal Aid Bureau of Buffalo, Inc., Buffalo (Vincent F. Gugino, Barbara J. Davies and David C. Schopp of counsel), for appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Michael J. Hillery and Donna A. Milling of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant Jeffrey Gibson was suspected of robbing an Erie County gas station at gunpoint in July 2005. He was subsequently arrested on a bench warrant stemming from an unrelated matter in which his indelible right to counsel had attached by virtue of an attorney's entry into the case.* While incarcerated, defendant asked to speak...

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