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The defendant herein stands accused of Murder in the Second Degree (Depraved Indifference) and Manslaughter in the First Degree for the homicide of his 83 year old aunt, who was his surrogate mother. Pursuant to a Decision and Order rendered by Hon. Sam Walker, Westchester County Court Judge, on November 18, 2003, this Court held a hearing pursuant to People v. Huntley, 14 NY2d 72 (the “Huntley hearing”) on April 26 and April 28, 2004 to determine the voluntariness of alleged statements made by the accused to the police, and to determine what impact if any, police procedures had on the accused’s Fourth and Sixth Amendment rights.

Before the hearing, the People withdrew the first noticed statement allegedly made by the accused at 53 Crane Avenue, White Plains, New York at approximately 11:00 a.m. The remaining noticed statements, i.e., an oral statement made at police headquarters on January 3, 2003, at 11:30 a.m., an oral statement made at police headquarters on January 3, 2003 at approximately 2:52 p.m., a written statement signed by the accused at approximately 7:51 p.m. on January 3, 2003, and a videotaped statement made at approximately 8 p.m. on January 3, 2003, all made by the defendant in the absence of counsel, were the subject of testimony and the Court’s evaluation at the hearing. The Prosecution also introduced evidence of a police-elicited statement by the defendant that has not been subject of a previous CPL §710.30 notice to the defense. The defense did not challenge the legality of the testimony given by John Spruill to the Grand Jury on July 3, 2003.

 
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