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PEOPLE v. RADA

10434. 4518/14.

177 A.D.3d 558 (2019)

113 N.Y.S.3d 683

2019 NY Slip Op 08517

The People of the State of New York, Respondent, v. William Rada, Appellant.

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

Decided November 21, 2019.

The court properly denied defendant's motion to suppress his statement, directed at the victim, who was still present after defendant was arrested, that he was going to kill her. This threat, directed against a person covered by an order of protection, formed the basis of the contempt charge. Here, although the threat was made while defendant was in custody and before he received Miranda warnings, it was plainly spontaneous...

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