Appellate Division of the Supreme Court of New York, 1990

People v. Graves

People v. Graves
Appellate Division of the Supreme Court of New York · Decided February 2, 1990
158 A.D.2d 916; 551 N.Y.S.2d 81; 1990 N.Y. App. Div. LEXIS 1409
People v. Graves

Opinion of the Court

*917The second statement must also be suppressed. We cannot conclude on this record that there was “such a definite, pronounced break in the interrogation that the defendant may be said to have returned, in effect, to the status of one who is not under the influence of questioning” (People v Chapple, 38 NY2d 112, 115). Defendant’s statement at the police station must therefore be suppressed as the product of a continuous interrogation (see, People v Bethea, 67 NY2d 364; People v Chapple, supra; People v Campbell, 123 AD2d 878; People v Bodner, 75 AD2d 440). (Appeal from judgment of Monroe County Court, Egan, J. — sexual abuse, first degree.) Present— Dillon, P. J., Denman, Green, Balio and Lawton, JJ.

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