ROSA v. McCRAY

Docket No. 04-2188-PR.

396 F.3d 210 (2005)

Jose ROSA, Petitioner-Appellee, v. Frank McCRAY, Respondent-Appellant, and Eliot L. Spitzer, Respondent.

United States Court of Appeals, Second Circuit.

Decided: January 27, 2005.


Attorney(s) appearing for the Case

Lawrence T. Hausman, The Legal Aid Society, Criminal Appeals Bureau, New York, N.Y., for Petitioner-Appellee.

Andrew N. Sacher, Assistant District Attorney, Bronx County (Joseph N. Ferdenzi, Assistant District Attorney; Robert T. Johnson, District Attorney, Bronx County, on the brief), Bronx, N.Y., for Respondents-Appellants.

Before: MINER, CABRANES, and STRAUB, Circuit Judges.


Judge STRAUB concurs in part and dissents in part in a separate opinion.

MINER, Circuit Judge:

The question presented is whether, absent Miranda warnings, the admission at trial of an unsolicited comment by a defendant to a police officer — volunteered as an additional response to a "pedigree" question during booking — violates the defendant's Fifth Amendment right to be free from self-incrimination.

Respondents-appellants appeal...

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