decided: February 19, 1969.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
R. N., APPELLANT
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).
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