Judgment unanimously modified on the law and as modified affirmed and new trial granted on count seven of the indictment in accordance with the following Memorandum: We reject the contention of defendant that County Court erred in denying that part of his motion seeking to suppress the statement that he made to police at the hospital. Defendant contends that the statement was involuntary because he was in pain, having been shot in the foot, and deprived of sleep. The record...
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