People v. Daugherty

¶1Concur: 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.