People v. Cuozzo

Judgment unanimously reversed on the law, new trial granted on counts one, three and four of indictment and indictment otherwise dismissed without prejudice to People to re-present any appropriate charges under count two of indictment to another Grand Jury. Memorandum: The court properly denied suppression of defendant’s statement. The testimony at the Huntley hearing supports the court’s conclusion that the statement was spontaneous and not the product of police interrogation or its equivalent (see, People v Huffman, 61 NY2d 795; People v Strickland, 151 AD2d 978, 979, lv denied 74 NY2d 819;…