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PEOPLE v. CARDONA

41 N.Y.2d 333 (1977)

The People of the State of New York, Respondent, v. Armando Cardona, Appellant.

Court of Appeals of the State of New York.

Decided February 17, 1977.

Attorney(s) appearing for the Case

Nancy Rosner, New York City, for appellant.

Robert M. Morgenthau, District Attorney (Robert M. Pitler and Peter L. Zimroth of counsel), New York City, for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Judge JASEN; Chief Judge BREITEL concurs in the following memorandum: I concur in the majority opinion only because the findings of fact as a result of the suppression hearing are binding on this court. Otherwise I would have agreed with the reasoning of the dissenting opinion. Judge COOKE dissents and votes to reverse in a separate opinion.

JASEN, J.

Crucial to the prosecution's murder case against defendant were admissions allegedly made by defendant to a fellow prison inmate. Defendant contends that these statements were not admissible in evidence under the rule of Massiah v United States (377 U.S. 201) on the theory that the fellow inmate solicited the statements as an agent for the prosecution in violation...

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