MEMORANDUM.
The order of the Appellate Division should be reversed and a new trial ordered.
Irrespective of whether the police conduct in this case is viewed as something less than "interrogation", it is obvious that the defendant's request to remain silent was not scrupulously honored, requiring as a consequence the suppression of his oral statement. (People v Grant, 45 N.Y.2d 366, 375-376; see People v Buxton, 44 N.Y.2d 33, 37.) Given the nature and quantum of proof offered at trial, it cannot be said that it is clear beyond a reasonable doubt that this error did not contribute to defendant's conviction. (See People v Almestica, 42 N.Y.2d 222, 224; People v Crimmins, 36 N.Y.2d 230, 237.)
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.
Order reversed, etc.