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PEOPLE v. FOLKS

982/10. 7690. 7689.

166 A.D.3d 526 (2018)

89 N.Y.S.3d 138

2018 NY Slip Op 08064

The People of the State of New York, Respondent, v. Lawrence Folks, Appellant.

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

Decided November 27, 2018.

The record supports the court's finding, made after conducting a hearing pursuant to Massiah v United States (377 U.S. 201 [1964]), that defendant's right to counsel was not violated by recorded phone calls between defendant and his cousin, a cooperating witness, made while defendant was incarcerated pending trial. The witness was not a government agent, and there was no "knowing exploitation by the State of an opportunity to confront...

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