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PEOPLE v. CREDLE

28 A.D.3d 397 (2006)

812 N.Y.S.2d 871

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GRADY DONNELL CREDLE, Appellant.

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

April 27, 2006.

The court erred in summarily denying defendant's motion to suppress statements allegedly made involuntarily. Since defendant asserted that he was questioned and that his statements to a police officer were involuntary, and since, after summary denial of the motion, defendant pleaded guilty without either withdrawing the motion or waiving his right to appeal, we are constrained to order a hearing regardless of the motion's apparent...

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