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  5. 182 A.D.2d 226 (1992)
 

PEOPLE v. RIPIC

182 A.D.2d 226 (1992)

The People of the State of New York, Appellant, v. Joanne Ripic, Respondent

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

September 10, 1992

Attorney(s) appearing for the Case

Robert M. O'Leary (Kenneth S. Kagan of counsel), Binghamton, for appellant.

Gerald F. Mollen, District Attorney (Kevin P. Dooley of counsel), Binghamton, for respondent.

Joseph Calluori (Teresa A. Curtin of counsel), New York City, for New York State Association of Criminal Defense Lawyers, amicus curiae.

MIKOLL, J. P., and LEVINE, JJ., concur with CREW III, J.; MERCURE, J., and YESAWICH JR., J., concur in part and dissent in part in a separate opinion by MERCURE, J.

CREW III, J.

This is an appeal from County Court's order suppressing all written and nonwritten statements of defendant. The indictment charging defendant with murder in the second degree alleges that she and her son, Roy G. Rowe Jr., acting in concert, intentionally shot and killed defendant's husband, Thomas Ripic. The relevant and uncontroverted facts at the suppression hearing follow.

On July 12...

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