People v. Smith

OPINION OF THE COURT

Howard E. Goldfluss, J.

The defendant herein moves to suppress a statement alleged to have been made by him after he was read his Miranda rights. The question posed by this motion is unique because the statement sought to be introduced is alleged to have been overheard by a police officer while the defendant was in the process of using the telephone in the police squad room to call a relative. The People take the position that these statements were made voluntarily by the defendant — were not coerced— and that such statements are admissible.

The defendant sets forth two…