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PEOPLE v. MONAGHAN

118 Misc.2d 326 (1983)

The People of the State of New York, Plaintiff, v. Michael Monaghan, Defendant.

Supreme Court, Monroe County.

March 23, 1983

Attorney(s) appearing for the Case

David A. Murante for defendant. Donald O. Chesworth, Jr., District Attorney (Kenneth R. Fisher of counsel), for plaintiff.

DAVID O. BOEHM, J.

Defendant's prior motion to prohibit the use for any purpose, including cross-examination, of a statement impermissibly obtained from him after an arrest warrant had been issued was denied by this court (PINE, J.) on the basis of the District Attorney's concession that it would not be used as evidence-in-chief (see People v Samuels, 49 N.Y.2d 218). The court ruled that it could be used for...

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