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PEOPLE v. SMITH

54 N.Y.2d 954 (1981)

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

Court of Appeals of the State of New York.

Decided October 22, 1981.

Attorney(s) appearing for the Case

Joseph A. Shifflett, Rose H. Sconiers and Joseph B. Mistrett for appellant.

Edward C. Cosgrove, District Attorney (John J. De Franks and Timothy R. Harvey of counsel), for respondent.

Chief Judge COOKE and Judges JONES, FUCHSBERG and MEYER concur; Judge JASEN concurs on constraint of People v Bartolomeo (); Judge WACHTLER dissents and votes to affirm in an opinion in which Judge GABRIELLI concurs.

MEMORANDUM.

The order of the Appellate Division should be reversed, the statements obtained from defendant suppressed, and a new trial granted.

There is no question that the officer who questioned defendant knew that defendant had been arrested eight months earlier on a sodomy charge by the same police department. Indeed the officer testified that he assumed that defendant...

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