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PEOPLE v. SWOBODA

190 Misc.2d 214 (2002)

737 N.Y.S.2d 821

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CHARLES SWOBODA and LAURA SWOBODA, Defendants.

Criminal Court, Queens County.

January 24, 2002.

Attorney(s) appearing for the Case

Harford & O'Donnell, L. L. P., Kew Gardens (Kevin P. O'Donnell of counsel), for Charles Swoboda, defendant.

Linda Bucher, Kew Gardens, for Laura Swoboda, defendant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Tina Loschiavo of counsel), for plaintiff.

OPINION OF THE COURT

CHARLES J. MARKEY, J.

The major legal issue presented by this case is whether the court should employ the "public safety exception" to the Miranda rule, enunciated in New York v Quarles (467 U.S. 649 [1984]), in deciding whether or not to suppress defendant Laura Swoboda's statements concerning the whereabouts of her baby who had been missing...

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