PEOPLE v. SMITH


119 Misc.2d 717 (1983)

The People of the State of New York, Plaintiff, v. Roger C. Smith, Defendant.

City Court of Syracuse.

June 13, 1983


Attorney(s) appearing for the Case

James F. Greenwald for defendant. Richard A. Hennessy, Jr., District Attorney (William W. Rose of counsel), for plaintiff.


MATHILDE C. BERSANI, J.

Defendant herein is charged with assault in the third degree in violation of section 120.00 of the Penal Law involving an alleged incident of spanking his three-year-old stepson on October 13, 1982. We now address the issues raised by the defendant's motion to suppress certain statements he made to a police investigator on October 21, 1982. The following facts were adduced by the court from the relevant papers and the testimony...

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