Opinion
Argued May 13, 1970
Decided July 1, 1970
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS DICKENS, J.
Burton B. Roberts, District Attorney ( Robert L. Ricken and Daniel J. Sullivan of counsel), for appellant.
Joel Berger and Milton Adler for respondent.
MEMORANDUM. Order modified by limiting the suppression of evidence to statements made by defendant after his arrest without the warning required by Miranda v. Arizona ( 384 U.S. 436) and, as modified, affirmed. The pedigree statements and acts of defendant made initially to the police for identification were admissible ( People v. Rivera, 26 N.Y.2d 304; Farley v. United States, 381 F.2d 357, cert. den. 389 U.S. 942; Clarke v. State, 3 Md. App. 447). These include the name stated by him and the credit card exhibited.
Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur; Judge BURKE taking no part.
Order modified in accordance with the memorandum herein and, as so modified, affirmed.