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Bey v. State
State: Maryland
Court: Court of Appeals
Docket No: 1046/00
Case Date: 09/26/2001
Preview:REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1046 September Term, 2000

NASIRRUDIN ABDULLAH BEY

v.

STATE OF MARYLAND

Davis, Kenney, Moylan, Jr., Charles E. (retired, specially assigned), JJ.

Opinion by Davis, J.

Filed: September 26, 2001

Appellant Nasirrudin Abdullah Bey was convicted by a jury sitting in the Circuit Court for Prince George's County

(Johnson, G.R. Hovey, J.) of second degree murder and use of a handgun in the commission of a felony or a crime of violence.1 The court sentenced him to consecutive terms of imprisonment of thirty and twenty years, respectively. following three questions on appeal: I. Did the suppression court err in not suppressing his confession because he was not expeditiously brought before a commissioner after his arrest? II. Did the trial court err in excluding lay opinion testimony by a police officer that appellant was possibly under the influence of PCP [Phencyclidine] at the time of his arrest? III. Did the trial court err in refusing to instruct the jury that voluntary intoxication is a defense to second degree murder? We shall affirm the judgments of the trial court. To place in context the questions raised, we shall provide a brief recitation of the facts as elicited at appellant's trial. In addition, in reciting the suppression hearing facts, Appellant asks the

we shall emphasize the time of events as that is an important factor in the suppression issue he raises.

1

The jury acquitted appellant of first degree murder.

- 2 During the early morning hours of April 2, 1999, appellant and several friends were "hanging out" in an abandoned house near the Martin Luther King Recreation Center on Church and Piedmont Streets in Glenarden, Maryland. After the group

separated, appellant walked alone toward the recreation center when he encountered Kareem Nafu Brooks, the victim. The two had

been friends but appellant had recently become angry with the victim, believing that he had betrayed him in some manner. Appellant shot the victim six times and stabbed him twelve times with a knife, causing his death. After killing the victim,

appellant encountered two of his friends
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