At a hearing on his CPL 440.10 motion, defendant made a sufficient showing to warrant a new hearing on his motion to suppress his inculpatory statements. The record developed at the CPL 440.10 hearing, taken together with the records of the suppression hearing and trial, demonstrates that there were challenges to the voluntariness of the statements that should have been asserted at the suppression hearing (see People v Clermont,
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PEOPLE v. AGUASVIVAS
3338/08. 5748. 5749.
158 A.D.3d 540 (2018)
68 N.Y.S.3d 721
2018 NY Slip Op 01155
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE AGUASVIVAS, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided February 20, 2018.
Decided February 20, 2018.
Appellate Division of the Supreme Court of New York, First Department.
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