PEOPLE v. BEVILACQUA


45 N.Y.2d 508 (1978)

The People of the State of New York, Respondent, v. Vincent J. Bevilacqua, Jr., Appellant.

Court of Appeals of the State of New York.

Decided November 2, 1978.


Attorney(s) appearing for the Case

Joseph J. Buderwitz, Jr. and Alfred E. Page, Jr., for appellant.

Carl A. Vergari, District Attorney (Ronald J. Bavero of counsel), for respondent.

Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur with Chief Judge BREITEL; Judge JASEN dissents and votes to affirm in a separate opinion.


Chief Judge BREITEL.

Defendant appeals from the Appellate Division's unanimous affirmance of his conviction, after jury trial, on two counts of murder and various lesser offenses in connection with the robbery and shooting death of a liquor store owner.

The issue is whether, viewed as a whole, improper police behavior requires suppression of defendant's oral confession. The questionable behavior falls...

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