PEOPLE v. BENITEZ


70 A.D.2d 883 (1979)

The People of the State of New York, Respondent, v. George Benitez, Appellant

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

June 4, 1979


Judgment reversed and order reversed insofar as reviewed, on the law, plea of guilty vacated, and matter remanded to the Criminal Term for a hearing on defendant's motion to suppress a statement.

In defendant's motion papers it was alleged that his confession was given in violation of his Miranda rights and as the result of threatening conduct by the police. Although the People, in opposition, contended that defendant's statement was made spontaneously after...

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