Judgment unanimously reversed on the law, motion to suppress granted in part and matter remitted to Supreme Court for further proceedings on the indictment in accordance with the following Memorandum: Defendant appeals from a judgment convicting him following a jury trial of criminal possession of marihuana in the second degree (Penal Law § 221.25). We agree with defendant that his Miranda rights were violated, and thus Supreme Court erred in refusing to suppress...
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