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People v. R. N.

23 N.Y.2d 963 Court N.Y. Decision date 1969-02-19 English

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p. 963
The People of the State of New York, Respondent, v. R. N., Appellant.
Argued November 14, 1968;
decided February 19, 1969.
p. 964
Matthew Murashin and James J. McDonough for appellant.
William Cahn, District Attorney (Henry P. De Vine of counsel), for respondent.

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

p. 965
and that defendant affirmatively waived those rights (People v. Stephen J. B., 23 N Y 2d 611 , decided herewith).

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

Judgment affirmed.

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