People State New York v. Sal Cypriano

Order, Supreme Court, Bronx County, entered August 16, 1978, granting defendants motion to suppress his statements, unanimously reversed, on the law, the motion denied, and the matter remanded for further proceedings. Defendant was suspected by the police of being involved in arson because the license number of the motor vehicle believed to have been utilized by the firebombers, which number was supplied by an eyewitness, disclosed ownership by defendant. As defendant was wanted on a bench warrant for possession of a weapon - a prior crime unrelated to the firebombing incident - the police arrested him on the warrant in expectation of inquiry as to defendants involvement in the arson. Defendant was given the required Miranda warnings, both at his house at the time of his arrest and subsequently at the precinct. In the course of questioning about the arson, defendant gave inculpatory statements admitting involvement in the [73 A.D.2d 902 Page 903]