Key statements actor Lillo Brancato Jr. allegedly made to police will not be used against him in a murder trial.

The former "Sopranos" and "A Bronx Tale" actor, along with Steven Armento, face charges in the December 2005 shooting of off-duty NYPD Police Officer Daniel Enchantegui. They were allegedly trying to rob a Bronx home of drugs when the officer tried to stop them, resulting in a shootout. Armento is accused of firing the fatal shot.

Prosecutors have agreed not to introduce some statements because Brancato was questioned without his lawyer and was sedated. Brancato, a Yonkers resident, was also shot and had a tube in his throat at the time. The judge dismissed the comment that Brancato allegedly said to investigators, which was that he couldn?t believe Armento shot that cop and that he told him not to do it.

During the suppression hearing, detectives testified that doctors gave the green light for the interview. Detectives say Brancato, by nodding his head during that interview, admitted Enchantegui identified himself as a police officer before Armento shot him.

The suppression trial will resume on Thursday. After that there is only one more motion to settle before choosing a trial date. Brancato?s attorney is seeking a separate trial for his client.

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