PEOPLE v. BRACE


66 A.D.2d 801 (1978)

The People of the State of New York, Respondent, v. Leo Brace, Appellant

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

December 11, 1978


Judgment affirmed.

No opinion.

Cohalan and Margett, JJ., dissent and vote to reverse the judgment and order a new trial, with the following memorandum:

Prior to the trial the defendant was notified that the People intended to introduce an admission allegedly made by the defendant to the arresting officer. At a suppression hearing this admission, "F ___ it, I did it", was held admissible as a spontaneous declaration. Two months later, at the trial,...

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