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PEOPLE v. GONZALEZ

106 Misc.2d 801 (1981)

The People of the State of New York, Plaintiff, v. Victor Gonzalez and Orlando Joseph, Defendants.

Supreme Court, Criminal Term, Bronx County.

January 22, 1981

Attorney(s) appearing for the Case

Mario Merola, District Attorney (J. Giampola of counsel), for plaintiff. David V. Muraskin for Victor Gonzalez, defendant. Hermena Perlmutter for Orlando Joseph, defendant.

HOWARD E. GOLDFLUSS, J.

The parties herein have requested an advance ruling by this court as to the permissibility of the prosecutor to cross-examine defendants as to statements which have previously been suppressed at a pretrial hearing. To make this determination, the full meaning and thrust of Harris v New York (401 U.S. 222) must be analyzed.

Each of the defendants made two statements. The first was made...

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