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PEOPLE v. JOHNSON

40 N.Y.2d 882 (1976)

The People of the State of New York, Respondent, v. Larry Leon Johnson, Appellant.

Court of Appeals of the State of New York.

Decided October 19, 1976.

Attorney(s) appearing for the Case

Louis J. Casella, Public Defender (Alan S. Phillips of counsel), for appellant.

Patrick D. Monserrate, District Attorney (G. Peter Van Zandt of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Whether defendant's confession was voluntarily given and thus admissible against him involved only a factual determination, which having been made in favor of the People at County Court and thereafter affirmed at the Appellate Division, is beyond the scope of our review. In passing we observe that no claim was advanced at the suppression hearing based...

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