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PEOPLE STATE NEW YORK v. R. N. (02/19/69)

COURT OF APPEALS OF NEW YORK 1969.NY.40482 <http://www.versuslaw.com>; 246 N.E.2d 536; 23 N.Y.2d 963 decided: February 19, 1969. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.R. N., APPELLANT Matthew Muraskin and James J. McDonough for appellant. William Cahn, District Attorney (Henry P. De Vine of counsel), for respondent. Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen concur.


Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen concur.

Memorandum. Defendant's admission "I did it" prior to receiving warning of his constitutional rights was made to police without "custodial interrogation" in response to a question directed to a third person, and accordingly is admissible as a "volunteered" statement (People v. Torres, 21 N.Y.2d 49, 54; People v. Rodney P. [ Anonymous ], 21 N.Y.2d 1). The courts below properly found that defendant's subsequent confession was made after he was fully informed of his constitutional rights and that defendant affirmatively waived those rights (People v. Stephen J. B., 23 N.Y.2d 611, decided herewith).

 Disposition

Judgment affirmed.

19690219

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