Opinion
October 19, 1987
Appeal from the County Court, Nassau County (Boklan, J.).
Ordered that the judgment is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress his statements to the police is granted to the extent that all of the defendant's postarrest statements are suppressed, and a new trial is ordered; the facts have been considered and are determined to have been established.
As the People concede, the Miranda warnings administered to the defendant by Officer Simon were insufficient because the defendant was not advised that he had the right to consult with an attorney prior to and during the course of any police questioning (see, People v. Hutchinson, 59 N.Y.2d 923; People v Bracero, 117 A.D.2d 740). As a result, all of the defendant's postarrest statements, including those made to Detective Knox and Officer Simon at the police precinct later in the morning on the day of the crime should have been suppressed (see, People v Chapple, 38 N.Y.2d 112). Here the prosecution relied heavily upon contradictions in the defendant's statements as circumstantial evidence of guilt. Therefore, the error may not be considered harmless (see, People v. Crimmins, 36 N.Y.2d 230).
We agree with the People that probable cause to arrest the defendant existed when he was taken into custody (see, People v Cook, 68 N.Y.2d 830).
In light of our determination herein, we need not address the defendant's remaining contentions. Niehoff, J.P., Mangano, Bracken and Eiber, JJ., concur.