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PEOPLE v. WAYMER

53 N.Y.2d 1053 (1981)

The People of the State of New York, Respondent, v. William Waymer, Appellant.

Court of Appeals of the State of New York.

Decided June 11, 1981.

Attorney(s) appearing for the Case

Henriette D. Hoffman and William E. Hellerstein for appellant.

John J. Santucci, District Attorney (Deborah Carlin Stevens of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's contention that the second confession should have been suppressed as the tainted fruit of the first (see People v Chapple, 38 N.Y.2d 112) must be rejected. Custody is a factual question (see, e.g., People v Albro, 52 N.Y.2d 619). But Criminal Term, in...

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