PEOPLE v. DAWSON


290 A.D.2d 302 (2002)

737 N.Y.S.2d 9

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC DAWSON, Appellant.

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

Decided January 15, 2002.


The court properly exercised its discretion when it denied defendant's mistrial motion made after the court revised its suppression ruling during trial by granting defendant's motion to suppress two largely exculpatory statements. The court acted on the basis of two Court of Appeals decisions handed down at that time which made clear that the trial court's prior ruling denying suppression was incorrect. The People never commented on these statements in the opening nor committed...

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