PEOPLE v. SUTTON


122 A.D.2d 896 (1986)

The People of the State of New York, Respondent, v. Dwayne Sutton, Appellant

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

August 15, 1986


Judgment reversed, on the law, and new trial ordered.

At the trial, the defendant testified that he was never advised of his Miranda rights, that he was hit and punched by detectives, that his request to call home was refused, and that after threats, he signed a written inculpatory statement without reading it and gave a videotaped statement to an Assistant District Attorney.

The trial court's refusal to instruct the jury, as requested, on the issue...

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