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PEOPLE v. JEFFREY

18 A.D.3d 776 (2005)

795 N.Y.S.2d 703

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN JEFFREY, Appellant.

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

May 23, 2005.

The Supreme Court erred in denying that branch of the defendant's motion which was to suppress his pre-Miranda statement (see Miranda v Arizona, 384 U.S. 436 [1966]), made in response to questioning by a police officer. Contrary to the People's contention, there is insufficient evidence in the record to indicate that the officer's questioning was prompted by his concern for the safety of fellow officers or the general public ...

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