People v. Cenzi

Judgment reversed, on the law and facts, motion to suppress granted and a new trial granted. All concur, Cardamone, J.P., not participating. Memorandum: Following a jury trial in Monroe County which found him guilty of murder in the second degree, the defendant appeals on numerous grounds. There must be a new trial. There was admitted into evidence a statement defendant Cenzi made to a police lieutenant. The People admit that the statement was elicited at a time when the police were aware that Cenzi “had retained counsel and that counsel had instructed the police not to talk” to him. The…