People v. Howell

Appellate Division of the Supreme Court of New York

People v. Howell

25 A.D.2d 813, 270 N.Y.S.2d 82, 1966 N.Y. App. Div. LEXIS 4537

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 7, 1966

StatusPublished

This text of 25 A.D.2d 813 (People v. Howell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Howell, 25 A.D.2d 813, 270 N.Y.S.2d 82, 1966 N.Y. App. Div. LEXIS 4537 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment unanimously reversed on the law and facts and a new trial granted. Memorandum: At a preliminary hearing conducted by the trial court evidence was presented as to the circumstances surrounding the tailing of certain inculpatory statements from the defendant by police officers which required a finding by the court as to whether the defendant incriminated himself while being interrogated by the police in the absence of counsel after he had requested the aid of an attorney (People v. Sanchez, 15 N Y 2d 387). The court ruled that “ from the evidence presented by the District Attorney on behalf of the People and the defendant, the court finds that the alleged confession was voluntarily made and that none of the constitutional rights had been violated.” Defendant’s statements were received over objection on the trial, which resulted in a verdict of guilty of arson, first degree. The Trial Judge’s decision was clearly against the weight of the evidence, and it was reversible error to allow the statements to be received in evidence. (Appeal from judgment of Monroe County Court convicting defendant of arson, first degree.)

Present — Williams, P. J., Bastow, Henry, Del Veechio and Marsh, JJ.

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Judgment unanimously reversed on the law and facts and a new trial granted. Memorandum: At a preliminary hearing conducted by the trial court evidence was presented as to the circumstances surrounding the tailing of certain inculpatory statements from the defendant by police officers which required a finding by the court as to whether the defendant incriminated himself while being interrogated by the police in the absence of counsel after he had requested the aid of an attorney (People v. Sanchez, 15 N Y 2d 387). The court ruled that “ from the evidence presented by the District Attorney on behalf of the People and the defendant, the court finds that the alleged confession was voluntarily made and that none of the constitutional rights had been violated.” Defendant’s statements were received over objection on the trial, which resulted in a verdict of guilty of arson, first degree. The Trial Judge’s decision was clearly against the weight of the evidence, and it was reversible error to allow the statements to be received in evidence. (Appeal from judgment of Monroe County Court convicting defendant of arson, first degree.)

Present — Williams, P. J., Bastow, Henry, Del Veechio and Marsh, JJ.

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Bluebook (online)

25 A.D.2d 813, 270 N.Y.S.2d 82, 1966 N.Y. App. Div. LEXIS 4537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-howell-nyappdiv-1966.