People v. Parler

Judgment of the Supreme Court, Kings County, rendered January 5, 1967, convicting defendant of possession of burglar’s instruments as a felony and burglary in the second degree, upon a jury verdict, and imposing sentence, affirmed. In our opinion, proof of statements made by defendant to a private individual was not rendered inadmissible merely because that individual failed to give him the warnings required by Miranda v. Arizona ( 384 U. S. 436 ). (Cf. Schaumberg v. State, 432 P. 2d 500 [Nev.]; Yates v. United States, 384 F. 2d 586 ; People v. Gray, 28 A D 2d 1079 ; People v. Horman, 29 A D 2d 569 ; People v. Frank, 52 Misc 2d 266 .) In view of the overwhelming proof of defendant’s guilt, any error in the admission of testimony by a police officer as to a statement by defendant, in the absence of the Miranda warnings, may be disregarded under section 542 of the Code of Criminal Procedure (cf. Guyette v. State, 438 P. 2d 244 [Nev.]). Similarly, any error in the admission of testimony that defendant stood mute when asked a question did not prejudice his substantial rights and may also be disregarded as harmless (People v. Rutigliano, 261 N. Y. 103 , 107). Beldock, P. J., Christ, Brennan, Hopkins and. Benjamin, JJ., concur.