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PEOPLE v. FITZGERALD

204 A.D.2d 348 (1994)

612 N.Y.S.2d 955

The People of the State of New York, Respondent, v. Che Fitzgerald, Appellant

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

May 2, 1994

Ordered that the judgment is reversed, on the law, and a new trial is ordered, to be preceded by a de novo suppression hearing on that branch of the defendant's omnibus motion which is to suppress his statements to law enforcement officials. The facts have been considered and are determined to have been established.

The defendant's judgment of conviction must be reversed, a new trial held, and a de novo suppression...

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