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STATE v. ALSTON

A-72 September Term 2009

10 A.3d 880 (2011)

204 N.J. 614

STATE of New Jersey, Plaintiff-Respondent, v. Damu ALSTON, Defendant-Appellant.

Supreme Court of New Jersey.

Decided January 20, 2011.

Attorney(s) appearing for the Case

John J. McMahon , Chief Trial Attorney, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Debra G. Simms , Special Deputy Attorney General, Acting Assistant Prosecutor, argued the cause for respondent (Robert D. Laurino, Acting Essex County Prosecutor, attorney; Ms. Simms and Hilary L. Brunell, Executive Assistant Prosecutor, on the letter briefs).

Daniel I. Bornstein , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Paula T. Dow, Attorney General, attorney).

Justice HOENS delivered the opinion of the Court.

Defendant Damu Alston was arrested as part of a murder investigation and taken to police headquarters for questioning. He was advised of his rights, which he acknowledged both orally and in writing that he understood, and he then waived all of his rights, again both orally and in writing. Immediately after he signed the waiver, but before he was asked any questions by the police detectives, however, defendant made...

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