Decided On : 6/30/2016
AD1 order dated November 6, 2014, reversing judgment of conviction. Decision below: 122 AD3d 401, 996 NYS2d 16. Clark (AD dissenter), J., granted leave to People January 22, 2015.
ISSUE PRESENTED: Whether the defendant’s post-Miranda - waiver statements should have been suppressed, since the police gave the warnings only after the interrogation was underway and the defendant had already responded by giving incriminatory statements. (Assigned counsel for Respondent: Seymour James, Legal Aid Society Criminal Appeals Bureau, 199 Water Street, NYC 10038.)