ALBANY – Reversing an attempted-rape conviction, an upstate appellate court has suppressed statements, made without proper Miranda warnings, by an Iraqi refugee with little English, who apparently was confused by police procedure.
A 5-0 panel of the Appellate Division, Third Department, ruled in People v. Nehma, 104048, that Albany County Court Judge Thomas Breslin (See Profile) correctly suppressed statements Walid Nehma made to police as he was being transported to the stationhouse in a police car. But the panel ordered a retrial because it said Breslin also should have thrown out statements that Nehma made later under questioning at the stationhouse.
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