People v. Burdo

*148OPINION OF THE COURT

Smith, J.

Applying the principle enunciated in People v Rogers (48 NY2d 167), we conclude that under the circumstances of this case, the custodial interrogation was improper and defendant’s statements made during questioning must be suppressed. The order of the Appellate Division should therefore be affirmed.

Defendant was incarcerated in the Clinton County jail after his arrest and arraignment on rape charges. Defendant was also being held on an unrelated probation violation, for which he was arrested and detained prior to the rape arrest. On December 12,1994, police…