People v. Booker

Yesawich, Jr., J.

Appeal from a judgment of the Supreme Court (Crew, III, J.), rendered October 11, 1985 in Chemung County, upon a verdict convicting defendant of the crime of grand larceny in the third degree.

Defendant appeals, arguing that his confession should have been suppressed and that, despite the fact that it was not introduced into evidence at trial, the very existence of this confession, which he charges was obtained in an improper manner, discouraged him from taking the stand in his own defense. Whether, as defendant contends, he was not given Miranda warnings and whether his…