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The People &c., Respondent v. James E. Guilford, Appellant

JONATHAN LIPPMAN, Chief Judge:

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JONATHAN LIPPMAN, Chief Judge:

Defendant appeals from an order of the Appellate Division affirming a judgment convicting him of murder in the second degree. The uncontested circumstance at the root of this appeal is that, before confessing to a detective that he had killed his former paramour, Ms. Nugent, defendant was subjected to a custodial interrogation lasting 49 and hours. It is not now suggested that this evidently uniquely lengthy interrogation was proper, or that the trial court erred when it granted defendant’s pretrial suppression motion to the extent of deeming inadmissible the statements made in its course on the ground, among others,1 that they had been “involuntar[y]… in the traditional due process sense’.” The question posed is rather whether the exclusionary consequence of this marathon interrogation was correctly limited by the trial court to the statements made during the interrogation itself, or whether defendant’s suppression motion should have been granted to the further extent of suppressing his subsequent inculpatory statements.

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