Majority
Memorandum. Order modified by limiting the suppression of evidence to statements made by defendant after his arrest without the warning required by Miranda v. Arizona ( 384 U. S. 436 ) and, as modified, affirmed. The pedigree statements and acts of defendant made initially to the police for identification were admissible (People v. Rivera, 26 N Y 2d 304 ; Farley v. United States, 381 F. 2d 357 , cert. den. 389 U. S. 942 ; Clarke v. State, 3 Md. App. 447 ). These include the name stated by him and the credit card exhibited.
Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Gibson concur; Judge Burke taking no part.
Order modified in accordance with the memorandum herein and, as so modified, affirmed.
Cases cited
- Miranda v. Arizona 384 U. S. 436 p. 708
- People v. Rivera 26 N Y 2d 304 p. 708