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PEOPLE v. BRELAND

145 A.D.2d 639 (1988)

The People of the State of New York, Respondent, v. David Breland, Appellant

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

December 30, 1988

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

The defendant was arrested on August 10, 1985, at approximately 11:15 P.M. for criminal possession of a stolen automobile. After his arrest, he was advised of his Miranda rights. He answered affirmatively when he was asked by the...

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