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People v. Daugherty

26 N.Y.2d 658 Court N.Y. Decision date 1970-01-08 English

Contents

Majority

p. 658
The People of the State of New York, Respondent, v. Frank J. Daugherty, Appellant.
Argued December 10, 1969;
decided January 8, 1970.
p. 660
Louis J. Gas ella, Public Defender (JohnE. Murray of counsel), for appellant.
Stephen Smyh, District Attorney (Stephen E. Powers of counsel), for respondent.

Concur: Judges Scileppi, Bergan, Breitel and Jasen. • Chief Judge Fuld and Judge Burke dissent and vote to reverse and order a new trial on the ground that the statement made by defendant in the absence of counsel should not have been received in evidence (People v. Arthur, 22 N Y 2d 325 , 329). Taking no part: Judge Gibson.

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