PEOPLE v. SMITH


29 A.D.3d 1035 (2006)

814 N.Y.S.2d 360

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. PATRICIA SMITH, Respondent.

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

May 4, 2006.


Lahtinen, J.

This appeal involves whether certain statements made by defendant, a police officer in the Cortland County Sheriff's Department, to her supervisor were protected under the constitutional right against self-incrimination. Defendant's conduct following her investigation of a complaint regarding the alleged sale of a small amount of marihuana in September 2003 eventually resulted in a multicount indictment in April 2004 charging her with, among other things...

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