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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES TEAMS, Appellant.

MEMORANDUM. The evidence taken from the defendant at the place of his arrest was properly received in evidence (see People v. Peters, 18 N.Y.2d 238; People v. Rivera, 14 N.Y.2d 441; People v. Santiago, 13 N.Y.2d 326, 334). The prearraignment statements made by the defendant were properly received in evidence ( People v. Meyer, 11 N.Y.2d 162; cf. People v. Huntley, 15 N.Y.2d 72, 77). Miranda v. Arizona ( 384 U.S. 436) is not applicable ( 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.

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PEOPLE v. TEAMS
(Oct 27, 1966)