PEOPLE v. R.N

MEMORANDUM. Defendant's admission "I did it" prior to receiving warning of his constitutional rights was made to police without "custodial interrogation" in response to a question directed to a third person, and accordingly is admissible as a "volunteered" statement ( People v. Torres, 21 N.Y.2d 49, 54; People v. Rodney P. [ Anonymous], 21 N.Y.2d 1). The courts below properly found that defendant's subsequent confession was made after he was fully informed of his constitutional rights and that defendant affirmatively waived those rights ( People v. Stephen J.B., 23 N.Y.2d 611, decided herewith).

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.

Judgment affirmed.