People v. Gonzalez

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We agree with the contention of defendant that evidence subsequently admitted on trial cannot be used to support the determination of the suppression court denying his *722motion to suppress his oral confession; the propriety of the denial must be judged on the evidence before the suppression court. We conclude, however, that there was sufficient evidence before the suppression court to sustain the factual determination that defendant was duly given his constitutional preinterrogation warnings. Officer Collins…