PEOPLE v. SMILEY


100 A.D.2d 294 (1984)

The People of the State of New York, Respondent, v. Roosevelt Smiley, Appellant

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

April 12, 1984


Attorney(s) appearing for the Case

Greg D. Lubow, Public Defender, for appellant.

Seymour Meadow, District Attorney, for respondent.

CASEY, J. P., WEISS, MIKOLL and YESAWICH, JR., JJ., concur.


LEVINE, J.

On June 5, 1981, defendant, an inmate at the Coxsackie Correctional Facility serving a sentence for an unrelated criminal conviction, was the subject of a State Police investigation of an alleged assault on a correctional officer that day. The investigating officer took statements from witnesses but did not interrogate defendant. After taking defendant's fingerprints and causing him to be photographed, the officer filled out an "arrest report...

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