Opinion
Argued October 26, 1978
Decided December 6, 1978
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THOMAS M. STARK, J.
Vincent G. Berger, Jr., for appellant.
Patrick Henry, District Attorney (Frederick Eisenbud of counsel), for respondent.
MEMORANDUM.
Order affirmed on the memorandum at the Appellate Division.
We would only add that unwarranted delay in arraignment is but one of the many pertinent factors bearing on the question of the voluntariness and, therefore, admissibility of a defendant's inculpatory statements. (People v Vargas, 7 N.Y.2d 555, 565-566; United States v Poole, 495 F.2d 115, 120, cert den 422 U.S. 1048.) Where, as in the case before us, there has been a voluntary and intelligent waiver by the defendant of his rights to counsel and to remain silent after he had been repeatedly advised of his constitutional rights, the statements made by the defendant were properly submitted to the trier of the facts to pass on the issue of the voluntariness of the inculpatory admissions. We reject defendant's contention that his improperly postponed arraignment renders any statements made by him after his arrest involuntary as a matter of law.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed in a memorandum.