People v. Handley

Order unanimously reversed and motion denied. Memorandum: The People appeal from an order suppressing defendant’s written and oral admissions in this prosecution for rape and sodomy. The hearing court apparently accepted the police officers’ testimony as true but nevertheless suppressed defendant’s statements because it found on two grounds that the warnings given him were insufficient. First, the court found as a fact that defendant was not advised before interrogation that if he elected to answer the officer’s questions he could stop at any time. Sergeant Brosnan testified, however, that he…