Opinion
No. 342, 96-3717.
Argued: October 29, 1997.
Decided: October 31, 1997.
GEORGIA J. HINDE, New York, New York, for Petitioner-Appellant.
NICOLE BEDER, Assistant District Attorney, Kew Gardens, New York (Richard A. Brown, District Attorney, Queens County, New York, John M. Castellano, Robin A. Forshaw, Assistant District Attorneys, Kew Gardens, New York, on the brief), for Respondent-Appellee.
Appeal from a judgment of the United States District Court for the Eastern District of New York, Edward R. Korman, Judge, denying petition for habeas corpus.
Affirmed.
Before: FEINBERG, KEARSE, and WALKER, Circuit Judges.
Petitioner Stephen Gagne appeals from a final judgment of the United States District Court for the Eastern District of New York, Edward R. Korman, Judge, denying his petition pursuant to 28 U.S.C. §(s) 2254 (1994) for a writ of habeas corpus vacating his state-court conviction on the grounds that his right to remain silent and his right of confrontation had been violated. Although we do not subscribe to the view that a twice-questioned defendant who makes self-incriminating statements following the second interrogation would have a less compelling Fifth Amendment claim if he was not given Miranda warnings before the first questioning than if he was given such warnings, we otherwise affirm the judgment substantially for the reasons stated in Judge Korman's Amended Memorandum Order dated December 5, 1996, published at ___ F. Supp. ___ (E.D.N.Y. 1996).
We have considered all of Gagne's contentions on this appeal and have found them to be without merit. The judgment of the district court is affirmed.