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PEOPLE v. CAMPBELL

123 A.D.2d 878 (1986)

The People of the State of New York, Respondent, v. Randy Campbell, Appellant

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

October 27, 1986

Ordered that the judgment is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress statements is granted, and a new trial is ordered.

While in custody, the defendant made two statements after having been given Miranda warnings but within minutes of making an unwarned statement in response to a police officer's inquiry. The unwarned statement was suppressed by the hearing court. Under People v Chapple (

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