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PEOPLE v. GRACE

245 A.D.2d 387 (1997)

665 N.Y.S.2d 584

The People of the State of New York, Respondent, v. John Grace, Appellant

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

December 8, 1997

Ordered that the judgment is modified, on the law, by reducing the sentence imposed for criminal possession of marihuana in the fifth degree from one year to three months imprisonment; and as so modified, the judgment is affirmed.

The defendant contends that the People failed to prove a voluntary waiver of his Miranda rights because the police failed to ask him whether, having been apprised of his rights, he was still...

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