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PEOPLE v. WISE

46 N.Y.2d 321 (1978)

The People of the State of New York, Appellant, v. Gregory Wise, Respondent.

Court of Appeals of the State of New York.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Julian L. Kalkstein of counsel), for appellant.

Joel A. Brenner for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Judge COOKE; Judge FUCHSBERG dissents and votes to affirm in a separate opinion.

COOKE, J.

We hold that a statement taken in violation of the Miranda rule* may properly be used to impeach a defendant's credibility where the statement tends to prove a version of the facts contrary to that given in the defendant's trial testimony.

Late on the night of January 26, 1973, Albert Jenks was shot to death while sitting at a kitchen table in apartment 1D...

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