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PEOPLE v. ORTIZ

141 Misc.2d 747 (1988)

The People of the State of New York, Plaintiff, v. Jose Ortiz, Defendant.

Supreme Court, Richmond County.

October 24, 1988

Attorney(s) appearing for the Case

Thomas P. Aliotta for defendant. William L. Murphy, District Attorney (William Garnett of counsel), for plaintiff.

CHARLES A. KUFFNER, J..

The defendant, Jose Ortiz (Ortiz), stands indicted for murder in the second degree (Penal Law § 125.25 [1]). By motion of August 31, 1988, defendant seeks an order denying the prosecution's use on its direct case of statements made by Ortiz as part of his previous guilty plea to assault in the first degree.

The motion is granted.

On March 31, 1985, Ortiz had an argument with his

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