Manhattan appeals court tosses suspect's conviction, says Miranda rights read too late


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NEW YORK — A Manhattan appeals court has overturned the sentence of a woman accused of killing a 91-year-old woman during a robbery at the victim's Bronx home.

In a 4-1 decision, the court said a detective informed the suspect of her rights only after asking her two questions.

Sparkle Daniel was convicted in 2009 in the death of Nellie Hocutt. She and an accomplice were sentenced to 25-years-to-life in prison.

The New York Post ( ) says the Appellate Division ordered a new trial even though most of Daniel's statements to police were made after she was read her rights. Prosecutors will be barred from using her statements.

Hocutt was suffocated in 2003 by having a bottle of red wine poured down her throat and a plastic shopping bag tied over her head.

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