PEOPLE v. HARRIS


7 A.D.3d 446 (2004)

776 N.Y.S.2d 801

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAUN HARRIS, Appellant.

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

May 25, 2004.


Even if we were to find that defendant was in custody and under interrogation when he made his initial incriminating remark, which preceded Miranda warnings, we would find that the record supports the court's finding of attenuation with respect to his subsequent, post-Miranda statements. Prior to the post-warnings statement to a detective, there was such a definite, pronounced break in the interrogation that defendant may be said to have returned, in effect...

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