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PEOPLE v. PERRY

178 Misc.2d 40 (1998)

680 N.Y.S.2d 404

The People of the State of New York, Plaintiff, v. Wayne Perry, Defendant.

County Court, Sullivan County.

August 20, 1998

Attorney(s) appearing for the Case

Sullivan Legal Aid Bureau, Inc., Monticello (Timothy P. Burke of counsel), for defendant. Stephen F. Lungen, District Attorney of Sullivan County, Monticello, for plaintiff.

FRANK J. LABUDA, J.

The issue before the court is whether or not the custodial statements/admissions given to Probation Officer Michael Krug by the defendant Wayne Perry (hereinafter referred to as the probationer) without Miranda warnings at the Sullivan County Jail are legally admissible at a violation of probation hearing.

On September 2, 1997 the defendant was adjudicated a youthful offender...

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