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People v. Andrades
New York Court of Appeals
828 N.E.2d 599 (2005)
Derek Andrades (defendant) maintained a sexual relationship with Magalie Nieves. Andrades learned the Nieves was infected with HIV. Andrades and Ericka Cruz lured Nieves to a secluded area to confront her and a fight started, during which Andrades and Cruz stabbed Nieves to death. Police arrested Cruz, who confessed to the killing. Police then arrested Andrades, who gave written and video confessions. The state charged Andrades with second-degree murder and first-degree manslaughter. Andrades moved to suppress his confessions. Before the suppression hearing, Andrades’s attorney requested to withdraw as counsel, alleging an ethical conflict with his continued representation of Andrades. The trial court denied the request. During the hearing, Andrades’s attorney reasserted the ethical conflict on the record and outside of Andrades’s presence, informing the trial court that Andrades intended to testify and that Andrades’s testimony would be presented in narrative form. Andrades testified that he did not remember the events resulting in Nieves’s death, the written confession he had signed was untrue, his video confession had merely adopted Cruz’s version of events, and these confessions did not reflect his memory of what happened. The trial court denied Andrades’s suppression motion. A jury convicted Andrades of second-degree murder. Andrades appealed.
Rule of Law
Holding and Reasoning (Smith, J.)
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