PEOPLE v. FACCIOLO


288 A.D.2d 392 (2001)

734 N.Y.S.2d 179

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS FACCIOLO, Appellant.

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

Decided November 19, 2001.


Ordered that the judgment is reversed, on the law, that branch of the omnibus motion which was to suppress the defendant's statements to law enforcement authorities is granted, and a new trial is ordered.

On the afternoon of May 25, 1990, two men were shot inside a Brooklyn produce store. One victim was struck in the chest and died minutes after the shooting. The second victim was shot at close range in the elbow and recovered from his injury. The defendant was inside...

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