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PEOPLE v. BERTOLO

102 A.D.2d 193 (1984)

The People of the State of New York, Respondent, v. Joseph F. Bertolo, Appellant

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

June 4, 1984

Attorney(s) appearing for the Case

John F. Middlemiss, Jr. (Karl E. Bonheim of counsel), for appellant.

Patrick Henry, District Attorney (Francis P. Murphy of counsel), for respondent.

WEINSTEIN, J., concurs with O'CONNOR, J.; NIEHOFF, J., concurs in a separate opinion; MANGANO, J. P., concurs in part and dissents in part and votes to reverse the judgment appealed from, to grant those branches of defendant's motion which sought to suppress tape-recorded and written confessions given by defendant to the police, and to order a new trial, in an opinion in which BROWN, J., concurs.

O'CONNOR, J.

PROLOGUE

At about noontime on October 19, 1980, the soft silence of Beaver Dam Park was suddenly shattered as a young girl, crying hysterically, ran from the park and on to her home, a short distance away. In response to her mother's frantic question, the child, between sobs, described how a man, whom she did not know, had forcibly held her head and completed an act of oral sodomy upon her.

Grabbing a baseball bat, the mother...

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