72 A.D.2d 549 | N.Y. App. Div. | 1979
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 8, 1976, convicting him of murder in the second degree and two counts of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of defendant’s motion -to suppress a confession. Judgment reversed, on the law, motion to suppress granted and new trial ordered. Appellant was arrested, without a warrant, on July 4, 1975. He was told that he was arrested "on an indictment for murder.” However, although the indictment was voted on July 2, 1975, it was not filed until July 8, 1975. At the police