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People v. Howard

Court of Appeals of the State of New York
Jul 9, 1979
393 N.E.2d 1046 (N.Y. 1979)

Opinion

Argued June 7, 1979

Decided July 9, 1979

Appeal from the Supreme Court in the First Judicial Department, LEONARD H. SANDLER, J.

Robert M. Morgenthau, District Attorney (Robert M. Pitler and Donna Krone of counsel), for appellant.

Bernard V. Kleinman for respondent.


Order affirmed for the reasons stated in the opinion of Presiding Justice FRANCIS T. MURPHY, JR., at the Appellate Division ( 62 A.D.2d 179), with one caveat. In this case the statements of Detective Capers which precipitated defendant's incriminating response dealt expressly with subject matter directly related to the criminal offense with which defendant was charged. We do not determine what would have been the disposition had this not been so.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER. FUCHSBERG, J., taking no part.


Summaries of

People v. Howard

Court of Appeals of the State of New York
Jul 9, 1979
393 N.E.2d 1046 (N.Y. 1979)
Case details for

People v. Howard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ALLEN HOWARD, Respondent

Court:Court of Appeals of the State of New York

Date published: Jul 9, 1979

Citations

393 N.E.2d 1046 (N.Y. 1979)
393 N.E.2d 1046
419 N.Y.S.2d 974

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