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PEOPLE v. RAHMING

26 N.Y.2d 411 (1970)

The People of the State of New York, Respondent, v. Philip Rahming, Appellant.

Court of Appeals of the State of New York.

Decided May 13, 1970.

Attorney(s) appearing for the Case

Max Wild and Milton Adler for appellant.

Burton B. Roberts, District Attorney (Arnold Kideckel of counsel), for respondent.

Chief Judge FULD and Judges BURKE and GIBSON concur with Judge BREITEL; Judge BERGAN dissents and votes to affirm in a separate opinion in which Judges SCILEPPI and JASEN concur.

BREITEL, J.

On defendant's appeal from a conviction for robbery two issues have been raised requiring a new trial and a new preliminary identification hearing. The first relates to improper cross-examination of defendant by the prosecutor to elicit and then contradict on rebuttal by extrinsic proof matter excludable because obtained in violation of the rules laid down in Miranda v. Arizona (

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