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PEOPLE v. WARD

95 A.D.2d 351 (1983)

The People of the State of New York, Respondent, v. Curtis Ward, Appellant

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

September 12, 1983

Attorney(s) appearing for the Case

William E. Hellerstein (Robert E. Precht of counsel), for appellant.

John J. Santucci, District Attorney (Gary S. Fidel and Richard G. Denzer of counsel), for respondent.

DAMIANI, J. P., LAZER and BOYERS, JJ., concur.

TITONE, J.

Defendant appeals from a judgment of the Supreme Court, Queens County, convicting him of sodomy in the first degree, following a jury trial, and imposing sentence. The issue is whether the People met their burden of establishing that a statement elicited from him was voluntarily made and the product of a knowing and intelligent waiver of constitutional rights. We hold that they did not.

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