Citation Codes Equivalent Citations citation codes Attorney(S) Louis J. Casella, Public Defender ( John E. Murray of counsel), for Stephen Smyk, District Attorney ( Stephen E. Powers of counsel), for See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK J. DAUGHERTY, Appellant. Judgment affirmed; no opinion. 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.