People v. Washington

O’Connor, J. (dissenting).

Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal possession of a weapon in the third degree. Inculpatory statements, allegedly made by defendant after his arrest, were used to impeach his credibility at trial despite the finding of the trier of fact at an earlier hearing conducted pursuant to the dictates of People v Huntley (15 NY2d 72), that the People had failed to establish beyond a reasonable doubt that defendant received Miranda warnings or that he made any statements. The use of the suppressed statements for any purpose denied…