Opinion
Argued March 23, 1979
Decided April 24, 1979
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, OSCAR MUROV, J.
Gerald J. Callahan, John F. Middlemiss, Jr., and Gair G. Betts for appellant.
Patrick Henry, District Attorney (Vincent A. Malito of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be reversed and a new trial ordered.
Irrespective of whether the police conduct in this case is viewed as something less than "interrogation", it is obvious that the defendant's request to remain silent was not scrupulously honored, requiring as a consequence the suppression of his oral statement. (People v Grant, 45 N.Y.2d 366, 375-376; see People v Buxton, 44 N.Y.2d 33, 37.) Given the nature and quantum of proof offered at trial, it cannot be said that it is clear beyond a reasonable doubt that this error did not contribute to defendant's conviction. (See People v Almestica, 42 N.Y.2d 222, 224; People v Crimmins, 36 N.Y.2d 230, 237.)
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.
Order reversed, etc.