People v. Tankleff

O’Brien, J.,

dissents and votes to reverse the judgment, on the law and the facts, to grant that branch of the defendant’s omnibus motion which was to suppress his statements to the police, and to dismiss the indictments, with the following memorandum, with which Eiber, J., concurs. Based upon the totality of the circumstances, and giving particular consideration to the youth of the defendant, I conclude that the defendant was subjected to custodial interrogation without the benefit of the Miranda warnings and, therefore, his confession should be suppressed.

At the time of the murders, the…