PEOPLE v. AUSTIN


108 Misc.2d 829 (1981)

The People of the State of New York, Plaintiff, v. Langston Austin, Also Known as Sweetpea, and John Lawson, Defendants.

Supreme Court, Criminal Term, New York County.

March 31, 1981


Attorney(s) appearing for the Case

Chester L. Mirsky for John Lawson, defendant. Benjamin Levitt for Langston Austin, defendant. Robert M. Morgenthau, District Attorney (James Fogel of counsel), for plaintiff.


STANLEY L. SKLAR, J.

The principal issues presented on this application to suppress statements made by the defendant, John Lawson, at a time when he claims to have been in custody are: (1) what circumstances, in this case, must be considered in determining whether Lawson was in custody, and (2) in particular, what is the effect on that determination of the circumstance that Lawson was required by his employer, a governmental agency, to submit to interrogation...

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