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PEOPLE v. BURDO

91 N.Y.2d 146 (1997)

690 N.E.2d 854

667 N.Y.S.2d 970

The People of the State of New York, Appellant, v. Francis J. Burdo, Respondent.

Court of Appeals of the State of New York.

Decided October 30, 1997.

Attorney(s) appearing for the Case

Penelope D. Clute, District Attorney of Clinton County, Plattsburgh, for appellant.

MaryAnne Bukolt, Plattsburgh, for respondent.

Jonathan E. Gradess, Albany, and Alfred O'Connor for New York State Defenders Association, amicus curiae.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Anne C. Feigus and Roseann B. MacKechnie of counsel), for New York State District Attorneys' Association, amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, LEVINE and CIPARICK concur with Judge SMITH; Judge WESLEY dissents and votes to reverse in a separate opinion.

SMITH, J.

Applying the principle enunciated in People v Rogers (48 N.Y.2d 167), we conclude that under the circumstances of this case, the custodial interrogation was improper and defendant's statements made during questioning must be suppressed. The order of the Appellate Division should therefore be affirmed.

Defendant was incarcerated in the Clinton County...

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