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PEOPLE v. MORALES

179 Misc.2d 324 (1999)

684 N.Y.S.2d 853

The People of the State of New York, Plaintiff, v. Jose Morales, Defendant.

Supreme Court, Kings County.

January 5, 1999

Attorney(s) appearing for the Case

Elizabeth Birkett, Brooklyn, for defendant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Kathleen Rice of counsel), for plaintiff.

MICHAEL R. JUVILER, J.

This is a decision explaining a ruling on evidence that was rendered during a nonjury trial on charges of murder in the second degree (Penal Law § 125.25 [1], [2]).1 The court held that on the facts of this case the defendant's statement to the police after his arrest was admissible as defense evidence.

At the trial the defense conceded that...

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