Judgment modified, on the law, by reversing the conviction of assault in the first degree, vacating the sentence imposed thereon, and ordering a new trial on that count of the indictment. As so modified, judgment affirmed.
The evidence adduced at the Huntley hearing reveals that defendant made an inculpatory statement at the arrest scene in response to a question asked by a police officer prior to being informed of his constitutional rights. Approximately three...
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