People v. Michalski

Appellate Division of the Supreme Court of New York

People v. Michalski

26 A.D.2d 766, 272 N.Y.S.2d 1021, 1966 N.Y. App. Div. LEXIS 3785

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

DecidedJuly 1, 1966

StatusPublished

This text of 26 A.D.2d 766 (People v. Michalski) 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. Michalski, 26 A.D.2d 766, 272 N.Y.S.2d 1021, 1966 N.Y. App. Div. LEXIS 3785 (N.Y. Ct. App. 1966).

Pincite

Opinion

Case held and matter remitted to Onondaga County Court for further proceedings in accordance with the Memorandum. Memorandum : At a preliminary hearing conducted by the Trial Judge evidence was presented as to circumstances surrounding the execution of a consent to search form by the defendant and the taking of a statement from the defendant by police officers which required a finding by the Trial Judge not only as to voluntariness but also 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.) We remit the ease to the County Court solely for a finding and determination upon the testimony presented at the preliminary hearing as to whether the defendant executed the consent to search and gave the statement offered in evidence while being interrogated by the police in the absence of counsel after he had requested the aid of counsel. (Appeal from judgment of Onondaga County Court, convicting defendant of burglary, third degree, and petit larceny.) Present — Bastow, J. P., Goldman, Henry, Del Vecchio and Marsh, JJ.

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Case held and matter remitted to Onondaga County Court for further proceedings in accordance with the Memorandum. Memorandum : At a preliminary hearing conducted by the Trial Judge evidence was presented as to circumstances surrounding the execution of a consent to search form by the defendant and the taking of a statement from the defendant by police officers which required a finding by the Trial Judge not only as to voluntariness but also 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.) We remit the ease to the County Court solely for a finding and determination upon the testimony presented at the preliminary hearing as to whether the defendant executed the consent to search and gave the statement offered in evidence while being interrogated by the police in the absence of counsel after he had requested the aid of counsel. (Appeal from judgment of Onondaga County Court, convicting defendant of burglary, third degree, and petit larceny.) Present — Bastow, J. P., Goldman, Henry, Del Vecchio and Marsh, JJ.

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Bluebook (online)

26 A.D.2d 766, 272 N.Y.S.2d 1021, 1966 N.Y. App. Div. LEXIS 3785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-michalski-nyappdiv-1966.