PEOPLE v. GRAHAM


55 N.Y.2d 144 (1982)

The People of the State of New York, Appellant, v. Imogene Graham, Respondent.

Court of Appeals of the State of New York.

Decided February 18, 1982.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Mark Dwyer, Robert M. Pitler and Bruce Allen of counsel), for appellant.

William E. Hellerstein for respondent.

Chief Judge COOKE and Judge MEYER concur with Judge FUCHSBERG; Judge WACHTLER concurs in a separate opinion in which Judges JASEN and GABRIELLI concur; Judge JONES taking no part.


FUCHSBERG, J.

We are called upon to decide whether the court of first instance in this case was free to refuse defendant's request, made pursuant to CPL 60.45 and 710.70, that it submit the voluntariness of defendant's incriminating statement to the jury when the attack on it was based solely on proof in support of a claim that the police officer to whom it was made failed to advise the defendant of her constitutional...

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