People v. Pettiford

Appeal from judgment, Supreme Court, New York County, rendered December 12,1977, convicting defendant of manslaughter in the first degree and sentencing him to a term of 8 1/3 to 25 years, held in abeyance, and the matter remanded for a reopened Huntley hearing on the legality of defendant’s arrest and the admissibility of his two inculpatory statements. Contrary to the suppression court’s finding, it is clear that defendant was in custody at the time he gave his first statement, which was exculpatory. Defendant had not, prior to this statement, been given his constitutional warnings by the…