Opinion
Argued June 7, 1966 Reargued September 21, 1966.
Decided October 27, 1966
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, SAMUEL S. LEIBOWITZ, J.
William E. Hellerstein and Anthony F. Marra for appellant.
Aaron E. Koota, District Attorney ( William I. Siegel and Frank Di Lalla 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 taken from the defendant at the place of his arrest was properly received in evidence (see People v. Peters, 18 N.Y.2d 238; People v. Rivera, 14 N.Y.2d 441; People v. Santiago, 13 N.Y.2d 326, 334). The prearraignment statements made by the defendant were properly received in evidence ( People v. Meyer, 11 N.Y.2d 162; cf. People v. Huntley, 15 N.Y.2d 72, 77). Miranda v. Arizona ( 384 U.S. 436) is not applicable ( 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.