People v. Fioritto

Defendant Peter Paul Fioritto appeals from a judgment convicting him of burglary in the second degree. (Pen. Code, §459.) At trial the People introduced into evidence a confession signed by defendant, and defendant contends that this confession was elicited under circumstances that were violative of the standards enunciated by the United States Supreme Court in Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974], We conclude that under the explicit directives of Miranda defendant’s confession was inadmissible, and accordingly the judgment must be reversed.

De…