PEOPLE v. RODRIGUEZ


55 A.D.3d 351 (2008)

864 N.Y.S.2d 433

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO RODRIGUEZ, Appellant.

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

October 9, 2008.


From the time of his arrest until the completion of his final statement, defendant insisted on discussing his case with the police and pressing them for information. Defendant repeatedly asked what he was being accused of, and the detective answered his question by stating that the victim was reading a book on the train and that defendant had taken out his erect, naked penis and rubbed it on her arm. We need not determine whether that statement by the detective was the functional...

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