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PEOPLE v. WINSHIP

78 A.D.2d 514 (1980)

The People of the State of New York, Respondent, v. Freddie Winship, Appellant

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

September 30, 1980

Unanimously reversed, on the law, and a new trial ordered.

The major error requiring reversal is the violation of defendant's Miranda rights in the use by the prosecution during the People's case at the trial of defendant's statement "Just because you hit somebody, doesn't mean you are going to rob him." Immediately following his arrest, defendant was given the Miranda warnings in purported compliance with the requirements of Miranda v Arizona

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