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People v. Attonito

Court of Appeals of the State of New York
Oct 21, 1971
276 N.E.2d 228 (N.Y. 1971)

Opinion

Argued October 7, 1971

Decided October 21, 1971

Appeal from the Supreme Court for the Ninth and Tenth Judicial Districts of the Second Judicial Department, BERNARD TOMSON, J.

Matthew Muraskin and James J. McDonough for appellant.

William Cahn, District Attorney ( Henry P. DeVine of counsel), for respondent.


Order affirmed (see People v. Ronald W. [ Anonymous], 24 N.Y.2d 732). In this case the court may not reach the propriety of a defendant's questioning in the absence of counsel. The record does not establish an assignment of counsel in the immediately pending revocation proceeding prior to the questioning by the probation officer. Outside the record submitted there is suggestion that an attorney was assigned solely for the limited and temporary purpose of the arraignment. No notice of appearance was filed and there is no indication in or outside the official record submitted that an attorney agreed to serve or was accepted by the client beyond the initial arraignment.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


Summaries of

People v. Attonito

Court of Appeals of the State of New York
Oct 21, 1971
276 N.E.2d 228 (N.Y. 1971)
Case details for

People v. Attonito

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD ATTONITO…

Court:Court of Appeals of the State of New York

Date published: Oct 21, 1971

Citations

276 N.E.2d 228 (N.Y. 1971)
276 N.E.2d 228
326 N.Y.S.2d 391

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