Opinion
February 3, 1989
Appeal from the Supreme Court, Monroe County, Cornelius, J.
Present — Doerr, J.P., Denman, Balio, Lawton and Davis, JJ.
Judgment unanimously reversed on the law, plea vacated and matter remitted to Supreme Court, Monroe County, for further proceedings on the indictment. Memorandum: The suppression court found that defendant's confession was illegally obtained both because of a violation of his Miranda rights and because the confession was induced by promises. The court, however, concluded that the promises were not of a quality that would create a substantial risk that defendant might falsely incriminate himself. Thus, the court permitted the use of the confession for impeachment purposes. In our view, this was error. Pursuant to Bram v United States ( 168 U.S. 532), defendant's confession cannot be deemed voluntary and therefore could not be used at trial either on the People's direct case or for impeachment purposes (see also, Mincey v Arizona, 437 U.S. 385; People v Hilliard, 117 A.D.2d 969).