PEOPLE v. RIVERA

Motion for reargument denied. Retroactive application is not to be accorded this court's holding in People v. Donovan ( 13 N.Y.2d 148) (see, also, People v. Failla, 14 N.Y.2d 178; People v. Gunner, 15 N.Y.2d 226; People v. Sanchez, 15 N.Y.2d 387) that a defendant's inculpatory statement is inadmissible when made to the police or other law enforcement officers during a period of detention after his attorney had requested and been denied access to him. (See, e.g., People v. Howard, 12 N.Y.2d 65; see, also, People v. Muller, 11 N.Y.2d 154; Linkletter v. Walker, 381 U.S. 618.)