| People v Bungo |
| 2009 NY Slip Op 02400 [60 AD3d 1449] |
| March 27, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Patrick J.Bungo, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Nancy A. Gilligan of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Elma A. Bellini, J.), renderedNovember 15, 2005. The judgment convicted defendant, upon a jury verdict, of criminalcontempt in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously reversed on the law,those parts of the motion seeking to suppress statements made by defendant to his parole officerare granted and a new trial is granted.
Memorandum: Defendant appeals from a judgment convicting him after a jury trial ofcriminal contempt in the first degree (Penal Law § 215.51 [c]), for making contact with hisex-wife in violation of an order of protection. We agree with defendant that his Mirandarights were violated, and thus that County Court erred in refusing to suppress two statementsmade by defendant to his parole officer. The first statement was made by defendant after he hadbeen arrested and was in custody but before he had received his Miranda warnings, andthe statement was made in response to questions that were " 'likely to elicit an incriminatingresponse' " (People v Wearen, 19 AD3d 1133, 1134 [2005], lv denied 5 NY3d834 [2005]; see People v Evans, 294 AD2d 918, 919 [2002], lv dismissed 98NY2d 768 [2002]; People v Rifkin, 289 AD2d 262 [2001], lv denied 97 NY2d759 [2002]). The second statement was made at the Monroe County jail, before any Mirandawarnings had been administered. The record establishes that it also was the result ofcustodial interrogation inasmuch as it "involve[d] the kind of inherently coercive atmospherewith which Miranda was most concerned" (People v Alls, 83 NY2d 94, 99[1993], cert denied 511 US 1090 [1994]; see People v Vila, 208 AD2d 781[1994], lv denied 85 NY2d 867 [1995]; People v Connor, 157 AD2d 739 [1990],lv denied 76 NY2d 732 [1990]).
In light of our determination, we do not review defendant's remaining contention.Present—Scudder, P.J., Hurlbutt, Peradotto, Green and Gorski, JJ.