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PEOPLE v. GONZALEZ

55 N.Y.2d 720 (1981)

The People of the State of New York, Respondent, v. Hector Gonzalez, Appellant.

Court of Appeals of the State of New York.

Decided November 24, 1981.

Attorney(s) appearing for the Case

Howard B. Comet and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Howard Birnbach and Billie Manning of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in memorandum; Judge MEYER dissents and votes to reverse in an opinion in which Judge FUCHSBERG concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

We agree with the contention of defendant that evidence subsequently admitted on trial cannot be used to support the determination of the suppression court denying his motion to suppress his oral confession; the propriety of the denial must be judged on the evidence before the suppression court. We conclude...

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