PEOPLE v. SCHWARTZ


30 A.D.2d 385 (1968)

The People of the State of New York, Respondent, v. Lawrence Schwartz, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 22, 1968.


Attorney(s) appearing for the Case

Anthony F. Marra (Fredric M. Sanders of counsel), for appellant.

Aaron E. Koota, District Attorney (Frank Di Lalla of counsel), for respondent.

BELDOCK, P. J., CHRIST, BRENNAN and MARTUSCELLO, JJ., concur.


HOPKINS, J.

The defendant was indicted for the crime of assault in the second degree (2 counts) committed on Mark Lowenthal and was convicted after a jury trial of assault in the third degree. The question before us presents the application of the rule in Miranda v. Arizona (384 U.S. 436) to statements made by the defendant to the police.

Lowenthal testified at the...

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