People v. Oquendo

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered September 7, 1982, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress his statements to the police.

Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

We reverse the judgment of conviction based on the trial court’s defective charge on the presumption of…