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PEOPLE v. ROBERTSON

178 A.D.2d 760 (1991)

The People of the State of New York, Respondent, v. Charles J. Robertson, Jr., Appellant

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

December 19, 1991

Levine, J.

When this case was previously before us we withheld decision, remitting the matter to County Court solely for findings of fact on the issue of the voluntariness of defendant's inculpatory statement based upon application of the correct burden of proof (175 A.D.2d 345). Upon remittal, County Court applied the appropriate burden of proof and made findings that defendant was duly advised of his Miranda

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