People v. Wise

*324OPINION OF THE COURT

Cooke, J.

We hold that a statement taken in violation of the Miranda rule* may properly be used to impeach a defendant’s credibility where the statement tends to prove a version of the facts contrary to that given in the defendant’s trial testimony.

Late on the night of January 26, 1973, Albert Jenks was shot to death while sitting at a kitchen table in apartment ID, 281 Dumont Avenue, Brooklyn. A preliminary investigation undertaken by Detective John Grosso pointed to defendant Gregory Wise as a prime suspect. Following a more detailed inquiry, Wise was arrested and accused…