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PEOPLE v. HARRELL

87 A.D.2d 21 (1982)

The People of the State of New York, Respondent, v. James Harrell, Appellant

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

May 24, 1982

Attorney(s) appearing for the Case

A. Brent Blacksburg for appellant.

Kenneth Gribetz, District Attorney (Linda M. Vodar of counsel), for respondent.

TITONE, GIBBONS and THOMPSON, JJ., concur.

MOLLEN, P. J.

This appeal presents the issue of whether a custodial statement, made by a youthful suspect to his parent, is admissible at trial. The statement was introduced in evidence through the testimony of a detective who had overheard it as he stood near the cell in which the suspect and his parent were conversing.

On January 1, 1980, at approximately 1:15 P.M., the defendant and two companions entered...

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