People v. Ventura

OPINION OF THE COURT

Richard M. Weinberg, J.

This case had been referred to a judicial hearing officer to conduct a Dunaway/Huntley hearing. After reviewing the transcript of that hearing as well as the report of the hearing *990officer, this court modifies the hearing officer’s findings and conclusions as follows:

The defendant has challenged the admissibility of certain statements on the theory that they are the fruits of illegal police conduct. The defendant has also challenged the voluntariness of the statements. While the ultimate burden under a Dunaway argument is upon the defendant, the…