PEOPLE v. STOESSER


53 N.Y.2d 648 (1981)

The People of the State of New York, Respondent, v. Eugene Carl Stoesser, Appellant.

Court of Appeals of the State of New York.

Decided March 26, 1981.


Attorney(s) appearing for the Case

Robert L. Estes for appellant.

Malcolm C. Hughes, District Attorney (Joseph C. Shapiro 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 reversed, and the case remitted for a new trial.

The record at the suppression hearing is meagre at the critical point. It appears that in the evening of July 19, 1977 defendant voluntarily went to the police station in the Village of Walton at the request of the police. On being given his constitutional preinterrogation warning, defendant and his uncle (who...

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