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PEOPLE v. OWENS

185 Misc.2d 661 (2000)

713 N.Y.S.2d 452

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOHN F. OWENS, Defendant.

Supreme Court, Monroe County.

August 30, 2000.

Attorney(s) appearing for the Case

D. Michael Murray and Peter J. Pullano for defendant.

Howard R. Relin, District Attorney of Monroe County (Michael C. Green and David A. Foster of counsel), for plaintiff.

OPINION OF THE COURT

DAVID D. EGAN, J.

This is a death penalty case. The District Attorney's office filed a notice of intent to seek the death penalty pursuant to CPL 250.40 on January 24, 2000.

Defendant seeks to preclude any alleged oral statements due to the failure of the police to record electronically the Miranda warnings, and any waiver thereof, as well as any subsequent custodial interrogation. Defendant relies on Stephan v State...

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