People v. Campbell

I concur in the result on constraint of People v Schroder (71 AD2d 907).

In my view, the case at bar is functionally indistinguishable from People v Schroder (supra) in terms of the efficacy of the defendant’s “waiver” of his Miranda rights (cf. People v Vigliotti, 75 AD2d 859), and on that basis I am constrained to agree that the inculpatory statement made to Officer Rice at the scene of defendant’s arrest, as well as the physical evidence thereafter obtained from his apartment, were improperly ruled admissible.

Contrary to the views expressed by the majority, I cannot accede to their attempt…