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47 N.Y.2d 724

People v. Wander

New York Court of Appeals

Decided April 24, 1979

New York Court of Appeals · decided 1979-04-24

Decided 1979-04-24

¶1OPINION OF THE COURT

¶2Memorandum.

¶3The order of the Appellate Division should be reversed and a new trial ordered.

¶4Irrespective 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 NY2d 366, 375-376; see *726People v Buxton, 44 NY2d 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 NY2d 222, 224; People v Crimmins, 36 NY2d 230, 237.)

¶5Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

¶6Order reversed, etc.

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