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PEOPLE v. SAVAGE

50 N.Y.2d 673 (1980)

The People of the State of New York, Respondent, v. James Savage, Appellant.

Court of Appeals of the State of New York.

Decided July 3, 1980.

Attorney(s) appearing for the Case

Bennett M. Lincoff and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Laurence J. Lebowitz and Billie Manning of counsel), for respondent.

Judges JASEN, JONES and MEYER concur with Judge FUCHSBERG; Chief Judge COOKE concurs in a separate opinion; Judge GABRIELLI, dissents and votes to reverse in another opinion in which Judge WACHTLER concurs.

FUCHSBERG, J.

The question on this appeal is whether a defendant who, having been given the warnings required by Miranda v Arizona (384 U.S. 436) and having elected to waive his right to silence, proceeds to narrate the essential facts of his involvement in the crime, may be cross-examined about his failure to inform the police at that time of exculpatory circumstances to...

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