PEOPLE v. MERCER


121 A.D.2d 476 (1986)

The People of the State of New York, Respondent, v. Lemuel Mercer, Appellant

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

June 9, 1986


Judgment modified, on the law, by vacating the sentence imposed. As so modified, judgment affirmed, and matter remitted to the Supreme Court, Queens County, for resentencing.

Contrary to the defendant's assertion, the record is barren of any evidence tending to show that the defendant's inculpatory statements were obtained "by means of any promise or statement of fact, which promise or statement create[d] a substantial risk that the defendant might falsely incriminate...

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