PEOPLE v. JOHNSON


79 A.D.2d 201 (1981)

The People of the State of New York, Respondent, v. Diane Jean Johnson, Appellant

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

February 26, 1981


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Michael O'Neill of counsel), for appellant.

Donald O. Chesworth, District Attorney (Stephen Brent of counsel), for respondent.

SIMONS and HANCOCK, JR., JJ., concur with DILLON, P. J.; CALLAHAN and MOULE, JJ., dissent and vote to affirm in an opinion by CALLAHAN, J.


DILLON, P. J.

Defendant was convicted of manslaughter in the second degree as a result of a homicide which occurred on Saturday, October 22, 1977. On that day the homicide was reported to police by defendant and her friend, one Willie Goshay, and each of them gave depositions to the police. On the following day defendant was questioned by police for several hours on two different occasions. She was not held in custody, however, and she had no communication...

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