Judgment unanimously reversed on the law, defendant's motion to suppress granted, and defendant remanded to Monroe County Court for further proceedings on the indictment.
Memorandum:
The suppression court has found that "defendant was told upon being placed under arrest by Officer Spagnolo that if he wished an attorney, the child (his four-year-old stepson) would be placed in a `shelter'." We further find that when defendant was asked to give a statement,...
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