PEOPLE v. McINTYRE


31 A.D.2d 964 (1969)

The People of the State of New York, Respondent, v. John McIntyre, Appellant

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

March 24, 1969


Judgments and order reversed, on the law and the facts and in the interests of justice, and new trial ordered.

Insofar as the reversal is on the facts, it is limited to the findings of fact of the trial court which were made on defendant's said motion, after a post-trial hearing. The findings of fact of the jury are affirmed. We agree with appellant that his interrogation by the police after he had once invoked his Fifth Amendment privilege and while he was in custody...

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