PEOPLE v. BASTIDAS


67 N.Y.2d 1006 (1986)

The People of the State of New York, Respondent, v. Pedro Bastidas, Also Known as Pedro Criollo, Appellant.

Court of Appeals of the State of New York.

Decided May 13, 1986.


Attorney(s) appearing for the Case

Abigail Everett and Philip L. Weinstein for appellant.

Elizabeth Holtzman, District Attorney (Sarah G. Noll and Barbara D. Underwood of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur; Judge TITONE taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Notwithstanding that defendant's earlier statement was given without Miranda warnings, his later statement made after such warnings cannot be said, as a matter of law, to have been given in violation of his right against compulsory self-incrimination. This follows from the findings of the Trial Judge, supported by the record and undisturbed...

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