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PEOPLE v. PETERS

3731/08

25 Misc.3d 1134 (2009)

886 N.Y.S.2d 591

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RACQUEL PETERS, Defendant.

Supreme Court, Kings County.

Decided October 9, 2009.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney, Brooklyn (Dana Kim of counsel), for plaintiff.

Damien Brown, Brooklyn, for defendant.

OPINION OF THE COURT

MATTHEW J. D'EMIC, J.

In this domestic violence prosecution the People concede that defendant's statement that she cut her husband as he was beating her during a fight over child support was made in violation of her constitutional rights (Miranda v Arizona, 384 U.S. 436 [1966]). Nevertheless, the People requested a hearing to determine the voluntariness...

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