People v. Burke — 53 N.Y.2d 672

Majority

p. 672

The People of the State of New York, Appellant, v Martin J. Burke, Respondent.

Argued February 18, 1981;

decided March 26, 1981

p. 674

APPEARANCES OF COUNSEL

Henry J. Scudder, Special Assistant District Attorney, for appellant.

John T. Sylvester and Edward J. Degnan for respondent.

OPINION OF THE COURT

Order affirmed. The finding of the Suppression Judge, affirmed by the Appellate Division, that the defendant’s second statement was tainted by the first and was not spontaneous involved no error of law.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.