People v. Phinney

Chief Judge Fuld.

The defendant was convicted of speeding by a Justice of the Peace. On appeal, a County Court reversed *290the judgment and dismissed the information on the ground that a statement made to a police officer by the defendant was improperly received in evidence because the officer had failed to give him the warning required by Miranda v. Arizona (384 U. S. 436).

The facts are quickly told. During a snowstorm in November of 1966, a state trooper came upon a wrecked automobile, belonging to the defendant’s mother, resting against a tree, some 15 feet off the road. The tire marks on the…