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PEOPLE v. CHASE

85 N.Y.2d 493 (1995)

650 N.E.2d 379

626 N.Y.S.2d 721

The People of the State of New York, Respondent, v. Gwendolyn Chase, Appellant.

Court of Appeals of the State of New York.

Decided April 4, 1995.

Attorney(s) appearing for the Case

Kerry Elgarten, New York City, and Philip L. Weinstein for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Steven J. Chananie of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

Defendant was convicted of criminally negligent homicide and criminal possession of a weapon in the fourth degree arising out of the stabbing death of a relative during a struggle. The primary issues here are:

(1) whether the People should have been precluded from offering defendant's first, spontaneous statement into evidence because of the lack...

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