PEOPLE v. LOCKWOOD


55 A.D.2d 17 (1976)

The People of the State of New York, Respondent, v. Maurice Lockwood, Appellant

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

December 16, 1976


Attorney(s) appearing for the Case

Norman A. Olch for appellant.

Jane Louise Koch of counsel (Richard M. Joel with her on the brief; Mario Merola, District Attorney), for respondent.

BIRNS, J., concurs with SILVERMAN, J.; LANE, J., concurs in result only; MURPHY, J. P., and CAPOZZOLI, J., dissent in an opinion by CAPOZZOLI, J.


SILVERMAN, J.

Defendant appeals from his conviction on jury trial of attempt to commit the crime of robbery in the first degree.

The case presents perplexing and grave problems as to the admissibility of defendant Lockwood's statement to the police officer, "We went down the subway, we knew we were going to rip somebody off," under various exclusionary rules covering statements by an arrested defendant...

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