People v. Klein

130 Misc. 2d 549, 496 N.Y.S.2d 889, 1985 N.Y. Misc. LEXIS 3237
CourtNew York County Courts
DecidedOctober 7, 1985
StatusPublished

This text of 130 Misc. 2d 549 (People v. Klein) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Klein, 130 Misc. 2d 549, 496 N.Y.S.2d 889, 1985 N.Y. Misc. LEXIS 3237 (N.Y. Super. Ct. 1985).

Opinion

OPINION OF THE COURT

John P. Callanan, Sr., J.

On September 26, 1984, the Ardsley Police Department had contact with Liz Darconte, who informed them of the location of certain articles. The message indicated utilization of an abandoned motor vehicle by Adam Klein for placement of jewelry, papers and other articles in an apartment parking lot. On Thursday, September 27, 1984, the Ardsley police and the Town of Greenburgh police searched the vehicle and removed some of the jewelry and other property therefrom. In a Mapp hearing, it was determined that Adam Klein did not have standing to challenge such search and seizure since he did not own the vehicle nor have any permission to use the same.

[550]*550On September 27, 1984, it was determined that a positive fingerprint identification of the defendant had been made at one of the burglarized houses.

On Thursday, September 27, Adam Klein was alone in the apartment of Kittie Smith and her family. Adam Klein had been living with the Smiths for a period of at least three weeks and had lived with them off and on for extended periods of time over the preceding two years. At approximately 11:30 a.m., he received a telephone call from one Joseph Palamara, who told him that Sergeant D’Aliso of the Ardsley Police Department was harassing Palamara’s girlfriend, Liz Darconte, at her place of employment over alleged burglaries that Adam Klein had committed. Adam Klein immediately called the Greenburgh Police Station and asked for the detective division to discuss the alleged harassment with some of his acquaintances in that department. He talked with Sergeant Sullivan, who purposefully kept the defendant on the telephone while other members of the department went to the Smith apartment to arrest the defendant. During the telephone conversation, the defendant specifically told the sergeant that at that moment he was in The Bronx. This misinformation was to avoid contact by the Greenburgh police which the defendant did not want.

Simultaneously with said telephone call, Detective Bonaiuto of the Greenburgh Police Department was on his way to the Smith apartment with knowledge that the defendant was being kept on the telephone by police headquarters to keep him available. Detective Bonaiuto had known Adam Klein in and around the community and through his police work for approximately six years. On the day of the arrest, the detective was aware that Adam Klein was staying at the Smith apartment. There was no warrant of arrest or no search warrant either applied for or obtained against Adam Klein or the Smith apartment by any of the police agencies involved.

Upon arriving at the Smith apartment with at least one other policeman, Detective Bonaiuto knocked on the door and, according to his version, the defendant called out, "Who is it,” and the detective answered, "It’s Jack,” and then the defendant opened the door and the police entered and proceeded with the arrest. The defendant testified that upon hearing the knock, he called out, "Come in,” which was the custom at the Smith apartment and was utilized because of his involvement with the phone call, after which the police opened the unlocked door and came in and made the arrest. The detective [551]*551told the defendant that he was under arrest for burglary, allowed him to retrieve a pack of cigarettes from the bedroom, and handcuffed him.

The defendant was taken to the Greenburgh Police Station, arriving there between 12:00 noon and 1:00 p.m. Upon arriving at the station, Detective Bonaiuto again informed the defendant of his rights and told him that he was under arrest for burglary. The defendant was allowed to make a telephone call, which he did to Frank Smith, the 22-year-old son of Kittie Smith who also lived in the Smith apartment. A waiver of rights statement was reviewed by the defendant at the request of Detective Anderson and signed by the defendant and witnessed by the detective prior to the beginning of interrogation. Contrary to the detective’s usual procedure, the questions concerning understanding the rights and wishing to talk to the police are not checked in the waiver portion of the document. The time of fingerprinting and processing defendant was not specifically determined at the hearing. The defendant was handcuffed by his right arm to a security bar and by his left arm to the chair that he was sitting on for most of the time that he was in the detectives’ squad room during most of the afternoon of the 27th.

The Greenburgh and Ardsley police officers returned to the Greenburgh Station sometime around 1:00 p.m. and Sergeant D’Aliso of the Ardsley Police Department interrogated the defendant concerning burglaries in Ardsley. The interrogation commenced at approximately 2:30 p.m. and continued with the signing of a statement by the defendant at approximately 3:55 p.m. The defendant was then interrogated by Detective Anderson of the Greenburgh Police Department from approximately 4:15 p.m. until between 5:30 and 5:45 p.m., during which defendant signed another statement. Before beginning the second interrogation, Detective Anderson read the defendant his rights. Following the two interrogations, the defendant was put in the holding cell for approximately two hours until 8:00 p.m. He was then taken by Detective Pennella and Officer Teahan of the Greenburgh police on a ride through the Village of Ardsley, the City of White Plains, and the Town of Greenburgh. By prearrangement, Detective D’Aliso and another Ardsley policeman met them at the Ardsley Police Station and accompanied them through Ardsley. The defendant directed the car to various homes in Ardsley and identified them as the site of earlier break-ins by the defendant and others. The Ardsley policemen were taken back to their [552]*552station and again by prearrangement Detective Scoca of the White Plains Police Department joined the Greenburgh police and the defendant in the car and rode through part of White Plains. Again the defendant gave directions and pointed out a home which he burglarized on an earlier occasion. Upon the return trip through Greenburgh, the defendant directed the two Greenburgh officers to a house in Greenburgh that he identified as the site of his earlier break-in. They arrived back at the Greenburgh Police Station at approximately 11:30 p.m. on September 27, and the defendant was returned to the holding cell. Between midnight and 1:00 a.m. he was taken to the County Jail.

On Friday, September 28, 1984, Patrolman Seba and Lieutenant Kardauskas brought Liz Darconte to the interview room of the County Jail and conferred with the defendant. At the end of the interview the defendant signed another statement concerning burglaries in White Plains.

Judge Katz of the Town Court of the Town of Greenburgh signed what he referred to as a commitment order sometime late in the day on September 27 which indicated that the defendant should be returned to his court on October 1, 1984 and set bail at $10,000. The court was not in session on the 27th or 28th because of the Jewish holidays and the Judge is confident that the order was signed at his home after he had been to religious services. The order was apparently signed on the basis of a felony complaint presented by the Town of Greenburgh Police Department.

The defendant did not appear in the Greenburgh Court or any other court on September 27, 28, 29 or 30. On October 1, 1984, the defendant was arraigned on the subject charges in the Town of Greenburgh Court by another Judge.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Payton v. New York
445 U.S. 573 (Supreme Court, 1980)
Rawlings v. Kentucky
448 U.S. 98 (Supreme Court, 1980)
People v. Bevilacqua
382 N.E.2d 1326 (New York Court of Appeals, 1978)
People v. Dairsaw
386 N.E.2d 249 (New York Court of Appeals, 1978)
People v. Levan
464 N.E.2d 469 (New York Court of Appeals, 1984)
People v. Graham
90 A.D.2d 198 (Appellate Division of the Supreme Court of New York, 1982)
People v. Anthony
93 A.D.2d 892 (Appellate Division of the Supreme Court of New York, 1983)
People v. Davis
118 Misc. 2d 122 (Justice Court of Town of Greenburgh, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
130 Misc. 2d 549, 496 N.Y.S.2d 889, 1985 N.Y. Misc. LEXIS 3237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-klein-nycountyct-1985.