PEOPLE v. BRACY


98 Misc.2d 346 (1979)

The People of the State of New York, Plaintiff, v. Allan Bracy and Joseph De Pasquale, Defendants.

Supreme Court, Criminal Term, Bronx County.

January 8, 1979


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Harvey Slovis of counsel), for plaintiff. Howard S. Pozmanter for Allan Bracy, defendant. Laurence E. Voss for Joseph De Pasquale, defendant.


JOSEPH A. MAZUR, J.

This is a hearing to suppress the confession of the defendants on the ground that the defendants have been denied due process of law. A confession or admission or statement of the defendant is admissible only if its voluntariness is established by the People beyond a reasonable doubt.

The basic question before the court is whether a police officer who is a relative of a defendant can act as a relative or acts only in his official...

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