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PEOPLE v. PURDY

74 A.D.2d 186 (1980)

The People of the State of New York, Respondent, v. Ronald Purdy, Appellant

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

April 24, 1980

Attorney(s) appearing for the Case

Melvin N. Borowka of counsel (Borowka, Golomb & Muchnick, attorneys), for appellant.

Steven R. Kartagener of counsel (Mario Merola, District Attorney, attorney), for respondent.

SANDLER, J. P., LUPIANO and CARRO, JJ., concur with SILVERMAN, J.; SULLIVAN, J., dissents in an opinion.

SILVERMAN, J.

Defendant appeals from a judgment of conviction, on his plea of guilty of assault in the first degree (Penal Law, § 120.10) on which he has been sentenced as a second felony offender to an indeterminate term of imprisonment of 6 to 12 years.

Following his arrest, defendant, after appropriate Miranda warnings, made a partially exculpatory statement to a police officer, Detective...

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