Court of Appeals of the State of New YorkJul 9, 1979
47 N.Y.2d 988 (N.Y. 1979)
47 N.Y.2d 988393 N.E.2d 1046419 N.Y.S.2d 974

Argued June 7, 1979

Decided July 9, 1979

Appeal from the Supreme Court in the First Judicial Department, LEONARD H. SANDLER, J.

Robert M. Morgenthau, District Attorney (Robert M. Pitler and Donna Krone of counsel), for appellant.

Bernard V. Kleinman for respondent.

Order affirmed for the reasons stated in the opinion of Presiding Justice FRANCIS T. MURPHY, JR., at the Appellate Division ( 62 A.D.2d 179), with one caveat. In this case the statements of Detective Capers which precipitated defendant's incriminating response dealt expressly with subject matter directly related to the criminal offense with which defendant was charged. We do not determine what would have been the disposition had this not been so.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER. FUCHSBERG, J., taking no part.