Mikoll, J.p., Mercure, Peters, Carpinello and Graffeo, JJ.
The opinion of the court was delivered by: Peters, J.
Calendar Date: May 25, 1999
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered June 28, 1995, upon a verdict convicting defendant of the crimes of murder in the second degree (two counts) and kidnapping in the first degree.
The facts underlying this proceeding stem from allegations that in January 1988, defendant kidnapped 18-year-old Karolyn Lonczak (hereinafter the victim) from a group home in the City of Cohoes, Albany County, where she was employed, and thereafter caused her death by strangulation and stabbing. Her body was found on March 10, 1988 near the Tomahannock Reservoir along County Route 117 in Rensselaer County.
Before the issuance of an indictment in February 1994 charging defendant with three counts of murder in the second degree and kidnapping in the first degree, he was arrested for burglary on March 4, 1988 in connection with the theft of a rocking chair. After being transported to the State Police barracks in Loudonville, Albany County, he was questioned by State Police Senior Investigator James Horton and Sergeant John Curry. Horton was unsuccessful in his attempt to convince defendant to take a polygraph test upon the disclosure that the subject matter of such test concerned various criminal and missing person investigations as well as attacks on women. On March 5, 1988, defendant was arraigned, assigned counsel who was yet to be identified and remanded to the Albany County Jail.
Horton visited defendant at the jail on March 7, 1988. Meeting in the visitation room, defendant was neither handcuffed nor shackled. Without providing Miranda warnings, Horton again asked defendant to submit to a polygraph test and, this time, specifically mentioned the victim who was then considered ...