PEOPLE v. NUNEZ

Ind No. 2187/15. Appeal No. 12910. Case No. 2019-4427.

190 A.D.3d 565 (2021)

2021 NY Slip Op 00266

The People of the State of New York, Respondent, v. Maximilian Nunez, Appellant.

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

Decided January 19, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Anjali Pathmanathan of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Stephen Kress of counsel), for respondent.

Concur—Gische, J.P., Oing, Moulton, Mendez, JJ.


The People's Voluntary Disclosure Form notified defendant of the People's intent to offer evidence of two statements he made while in custody following his arrest. In each instance, he was overheard urging a codefendant, who was his girlfriend, to tell the authorities that she was the possessor of a pistol recovered at the apartment where they were arrested. The first such statement was overheard by a special agent while defendant and the codefendant were in a holding cell...

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