43 A.D.2d 610 | N.Y. App. Div. | 1973
Appeal from a judgment of the County Court of Broome County, rendered on October 10, 1972, upon a verdict convicting the defendant of the crime of murder. Defendant was convicted of the murder of Jéd Layman, an alleged boyfriend of the defendant’s estranged wife. He was originally apprehended by the police after the Broome County Sheriff’s office received a phone call from a man who identified himself as “ Solari ” and said, “I’m the guy you’re looking for” and agreed to wait for the police at a designated phone booth. After he was picked up at that booth, searched and handcuffed, he was taken in a police ear to the Sheriff’s department. During that ride, Sgt. Skinner of the Binghamton police gave defendant an admittedly incomplete recitation of his rights and no other conversation ensued. Upon reaching the Sheriff’s department, defendant was taken to the criminal investigation office and his handcuffs were removed. He began to talk to the officers present and was told by Sgt. Skinner to remain silent until such time as he was- informed of his rights. The sergeant proceeded to so warn him, reading from a Miranda warning report (see Miranda v. Arizona, 384 U. S. 436). When he had been fully informed of and stated that he understood all of his rights, he balked when asked, “do you want a lawyer at this time?”. After first responding in the negative, he said that if Layman was dead, he would need an attorney, and, when the sergeant truthfully advised him that he did not know the victim’s condition, decided that he would not talk at that time, as he was uncertain of what had happened to Layman. Sgt. Skinner then explained to him that he could not talk to the police until he decided whether or not he wanted a lawyer. Approximately five minutes later this entire procedure was repeated, after the defendant, on his own initiative, stated that he wanted to tell the officers what had happened. The only change in circum