People v. Smith

OPINION OF THE COURT

Mathilde C. Bersani, J.

Defendant herein is charged with assault in the third degree in violation of section 120.00 of the Penal Law involving an alleged incident of spanking his three-year-old stepson on October 13,1982. We now address the issues raised by the defendant’s motion to suppress certain statements he made to a police investigator on October 21,1982. The following facts were adduced by the court from the relevant papers and the testimony taken at the suppression hearing.

On October 19, 1982, the defendant’s stepson was removed from the family home by…