PEOPLE v. FOGARTY


12 A.D.3d 854 (2004)

784 N.Y.S.2d 677

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN FOGARTY, Appellant.

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

November 18, 2004.


Kane, J.

A grand jury indicted defendant on charges of robbery, burglary and felony murder arising from allegations that he unlawfully entered his landlord's apartment, stole money and jewelry and then fatally stabbed the 78-year-old landlord. Based on defense suppression motions, County Court conducted hearings concerning the suppression of defendant's incriminating oral and written statements, a photo identification of defendant and his prior convictions and bad...

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