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PEOPLE v. ROSA

65 N.Y.2d 380 (1985)

The People of the State of New York, Appellant, v. Nicholas Rosa, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1985.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Beth D. Jacob and Robert M. Pitler of counsel), for appellant.

Oscar Gonzalez-Suarez for respondent.

Chief Judge WACHTLER and Judges JASEN and SIMONS concur with Judge TITONE; Judge MEYER dissents and votes to affirm in a separate opinion in which Judges KAYE and ALEXANDER concur.

TITONE, J.

Defendant has been convicted of murder in the second degree, following a jury trial, in Supreme Court, New York County. On appeal, the Appellate Division, First Department, reversed the judgment of conviction, on the law, granted defendant's motion to suppress certain statements and remanded the matter for a new trial. The People appeal. We conclude that...

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