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PEOPLE v. WITHERSPOON

66 N.Y.2d 973 (1985)

The People of the State of New York, Respondent, v. Hayward Witherspoon, Appellant.

Court of Appeals of the State of New York.

Decided December 17, 1985.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Susan K. Cable of counsel), for appellant.

Howard R. Relin, District Attorney (Melvin Bressler of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

When a defendant properly challenges statements made by him that the People intend to offer at trial, it is, of course, the People's burden to establish, beyond a reasonable doubt, that such statements were voluntarily made (People v Anderson, 42 N.Y.2d 35). This does not mean, however, that the People are...

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