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PABON v. HAKE

No. CV-89-2182 (ADS).

763 F.Supp. 1189 (1991)

Juan PABON, Petitioner, v. Robert HAKE, Superintendent, Eastern Correctional Facility, Respondent.

United States District Court, E.D. New York.

May 11, 1991.

Attorney(s) appearing for the Case

Cardozo Criminal Law Clinic by Lawrence A. Vogelman and Barry C. Scheck, New York City, for petitioner.

John J. Santucci, Dist. Atty., Queens County by Gordon S. Latz, Kew Gardens, N.Y., for respondent.

MEMORANDUM AND ORDER

SPATT, District Judge.

This Petition for a writ of habeas corpus raises the issue of whether the Fifth or Sixth Amendment of the United States Constitution was violated when a videotaped statement made by the Petitioner after he received a Miranda warning was admitted into evidence at trial, even though nine hours earlier the police obtained a statement from the Petitioner without first administering Miranda warnings. In...

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