PEOPLE v. HENDERSON


4 A.D.3d 616 (2004)

772 N.Y.S.2d 120

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOWARD HENDERSON, Appellant.

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

February 19, 2004.


Peters, J.

After being arrested for an outstanding warrant on an unrelated charge, defendant was questioned by David Smithers, a police investigator, regarding the rape of a 13-year-old girl. During the interrogation, Smithers told defendant that the alleged victim identified defendant as the perpetrator and that the victim had taken, and passed, a voice stress test. This representation was a deliberate falsehood, intending to induce a confession.

Defendant...

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