Opinion
Submitted June 8, 1966
Decided October 27, 1966
Appeal from the Supreme Court in the First Judicial Department, RICHARD F. DALY, J., FREDERICK L. STRONG, J.
Eugene Rodriguez for appellant.
Frank S. Hogan, District Attorney ( H. Richard Uviller and Michael R. Stack of counsel), for respondent.
Louis J. Lefkowitz, Attorney-General ( Samuel A. Hirshowitz and Barry Mahoney of counsel), amicus curiae. Leonard Rubenfeld, District Attorney ( Benj. J. Jacobson, James J. Duggan and Francis J. Valentino of counsel), for New York District Attorneys Association, amicus curiae Isidore Dollinger, District Attorney of Bronx County ( Roy Broudny and Peter R. De Filippi of counsel), amicus curiae.
MEMORANDUM. The evidence obtained pursuant to the search warrant was properly received into evidence; there was no need to disclose the informer's identity ( People v. Valentine, 17 N.Y.2d 128; People v. White, 16 N.Y.2d 270; People v. Malinsky, 15 N.Y.2d 86). The statements made at the scene were properly admitted into evidence ( People v. Huntley, 15 N.Y.2d 72, 77). Miranda v. Arizona ( 384 U.S. 436) is not applicable to the present case ( People v. McQueen, 18 N.Y.2d 337, decided herewith).
Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur in Memorandum; Chief Judge DESMOND and Judge FULD dissent and vote to reverse upon the dissenting opinion in People v. McQueen ( 18 N.Y.2d 337, decided herewith) and reach no other question.
Upon reargument: Judgment affirmed in a Memorandum.