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PEOPLE v. DUNBAR

2010-04786.

104 A.D.3d 198 (2013)

958 N.Y.S.2d 764

2013 NY Slip Op 505

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE DUNBAR, Appellant.

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

January 30, 2013.

Attorney(s) appearing for the Case

Lynn W. L. Fahey , New York City ( Leila Hull of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Gary Fidel , Robert J. Masters and Donna Aldea of counsel), for respondent.

Taylor Prendergrass , Susannah Karlsson and Christopher Dunn , New York City, for New York Civil Liberties Union Foundation and others, amici curiae.

BALKIN, LEVENTHAL and COHEN, JJ., concur.

OPINION OF THE COURT

SKELOS, J.P.

The office of the Queens County District Attorney (hereinafter the District Attorney's office) instituted a program (hereinafter the Program) under which arrested individuals are systematically interviewed just prior to arraignment, or, in other words, immediately before those individuals' indelible right to counsel would attach. As part of the Program, the District Attorney's office formulated a script, containing a number...

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