Your attorney should challenge it by either moving for preclusion if they are substantially different or challenging the accuracy of the statement and therefore the constitutional safeguards surrounding 5th amendment rights.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City.
The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
You have to speak to your attorney to discuss all the facts surronding the questioning in order to see if grounds exist to have the statement suppressed. If not he or she will use the differences at trial. Good luck.
I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: email@example.com. This answer is only for informational purposes and is not meant as legal advice.
That is a basis to impeach the officer's testimony but not to suppress assuming proper notice was given.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Prior statements of witnesses (including officers) are generally inadmissible by the party calling the witness and therefore don't need to be suppressed. If the officer's statement differs from his memobook, those inconsistencies can be brought out on cross examination.
Not all statements are confessions or admissions, but if what the officer claims you said in incriminating your lawyer will ask for a Huntley Hearing. This hearing will be granted and thee issue will be the voluntariness and accuracy of the statement, whether you were in custody and being interrogated, whether it was spontaneous, and if it was coerced. If the statement in his notebook is different from the 710.30 notice or Voluntary Disclosure it is an issue for cross-examination and will effect he weight it will be given, not it's admissibility. Your lawyer can discredit the officer with the two versions unless they are virtually identical.