Court of Appeals of New York

In these companion cases, the detective investigator delivered a preamble to the Miranda warnings during defendants' separate pre-arraignment interviews in which he informed defendants that it was their only opportunity to tell their story before they went before a judge. Defendants later sought to suppress the statements they made in their respective interviews. Reversal of defendants' convictions and orders of suppression are affirmed, where: 1) the preamble undermined the subsequently-communicated Miranda warnings to the extent that defendants were not adequately and effectively advised of the choice guarantees against self-incrimination before they agreed to speak with law enforcement; and 2) the error was not harmless.

Appellate Information

• Decided 10/28/2014
• Published 10/28/2014

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• Court of Appeals of New York

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