People v. Love

Mahoney, P. J. (dissenting). Following his indictment for burglary in the third degree and grand larceny in the third degree, defendant moved to suppress an oral statement he allegedly made to police on the day the crimes occurred. At the suppression hearing, a police officer testified that during his investigation of the afore-mentioned crimes, he questioned defendant at the Capital District Psychiatric Center. According to the officer, defendant was read his Miranda rights, indicated that he understood these rights and wished to waive them, and gave an inculpatory oral statement. It appears…