PEOPLE v. PENA

MEMORANDUM. The evidence obtained pursuant to the search warrant was properly received into evidence; there was no need to disclose the informer's identity ( People v. Valentine, 17 N.Y.2d 128; People v. White, 16 N.Y.2d 270; People v. Malinsky, 15 N.Y.2d 86). The statements made at the scene were properly admitted into evidence ( People v. Huntley, 15 N.Y.2d 72, 77). Miranda v. Arizona ( 384 U.S. 436) is not applicable to the present case ( People v. McQueen, 18 N.Y.2d 337, decided herewith).

Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur in Memorandum; Chief Judge DESMOND and Judge FULD dissent and vote to reverse upon the dissenting opinion in People v. McQueen ( 18 N.Y.2d 337, decided herewith) and reach no other question.

Upon reargument: Judgment affirmed in a Memorandum.