PEOPLE v. LEE


33 A.D.2d 397 (1970)

The People of the State of New York, Appellant, v. Walter Leroy Lee, Respondent

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

February 19, 1970.


Attorney(s) appearing for the Case

Jack B. Lazarus, District Attorney (Raymond E. Cornelius of counsel), for appellant.

Thomas G. Presutti and Charles F. Crimi for respondent.

GOLDMAN, P. J., DEL VECCHIO, MARSH and GABRIELLI, JJ., concur.


WITMER, J.

This appeal by the District Attorney of Monroe County presents in an unusual factual setting the question of whether defendant was in custody or under restraint when he made statements to the police, and hence whether the County Court was correct in suppressing such statements after a preliminary trial of the issue. The state of the law on this subject requires a careful analysis of the circumstances...

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