Mon, 02/25/2008 - 19:49 — DLG
The defendant is charged with one count of Manufacture of a Controlled Drug and one count of Possession of LSD. He seeks to suppress statements he made to the New York State Police on July 20, 1999, claiming the police failed to secure a knowing, voluntary and intelligent waiver of his Miranda rights. In addition, he claims the statements he made were not the product of his rational intellect or free will, and thus were involuntary. As a result, he seeks to suppress evidence the police collected from his home in Rochester as fruits of the illegally obtained statements. For the reasons stated in this order, the defendant's motion is granted.