PEOPLE v. SMITH


100 Misc.2d 823 (1979)

The People of the State of New York, Plaintiff, v. Robert Smith, Defendant.

Supreme Court, Criminal Term, Bronx County.

August 22, 1979


Attorney(s) appearing for the Case

J. Tannenbaum for defendant. Eileen Koretz, Assistant District Attorney, for plaintiff.


HOWARD E. GOLDFLUSS, J.

The defendant herein moves to suppress a statement alleged to have been made by him after he was read his Miranda rights. The question posed by this motion is unique because the statement sought to be introduced is alleged to have been overheard by a police officer while the defendant was in the process of using the telephone in the police squad room to call a relative. The People take the position that these statements...

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