PEOPLE v. JOHNSTON


147 A.D.2d 589 (1989)

The People of the State of New York, Respondent, v. Daniel Johnston, Appellant

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

February 14, 1989


Ordered that the judgment is affirmed.

The defendant's statements to the police were properly found to be admissible as they were spontaneous, voluntary and not made in response to any police questioning.

We find that the hearing court properly permitted an in-court identification of the defendant by a witness who, on the night that the victim disappeared, had spoken with defendant at a location less than a mile from where the victim's body and her car were...

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