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PEOPLE v. SILVAGNOLI

No. 61

31 N.Y.3d 1103 (2018)

104 N.E.3d 734

79 N.Y.S.3d 630

2018 NY Slip Op 04276

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROQUE SILVAGNOLI, Respondent.

Court of Appeals of New York.

Decided June 12, 2018.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Stephen Kress and Alan Gadlin of counsel), for appellant.

Seymour W. James, Jr. , The Legal Aid Society, New York City ( William B. Carney of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the judgment of Supreme Court reinstated.

In this case, the impermissible questioning of defendant on a represented matter was so brief, flippant, and minimal that it was discrete and fairly separable as a matter of law from the interrogation of defendant on an unrepresented matter (see People v Cohen, 90 N.Y.2d 632

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