People v. Kourani

Friedmann, J.,

dissents and votes to reverse the judgment, grant that branch of the defendant’s omnibus motion which was to suppress a statement made by him to law enforcement officials, and order a new trial, with the following memorandum in which Miller, J. P., concurs: The defendant is linked to the instant crime only by a statement he made to police which he claims was false and coerced, and by the identification of a confessed participant, Duarte Rosario, who did not testify at trial. Because the hearing record makes clear that the defendant was subjected to a custodial interrogation at…