PEOPLE v. BENJAMIN


161 A.D.2d 254 (1990)

The People of the State of New York, Respondent, v. Paul Benjamin, Appellant

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

May 8, 1990


After trial defendant was convicted of assaulting his infant son. In three statements to the authorities, defendant explained that his four-year-old son was a wild child who needed discipline. The evidence showed that the defendant beat the child, who had awakened during the night and taken a drink from an old soda bottle. For several minutes defendant hit his son with a plastic bat.

Before trial defendant moved to suppress his statements. He advanced the narrow contention...

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