People v. Rivera

211 N.E.2d 649, 16 N.Y.2d 879, 264 N.Y.S.2d 249, 1965 N.Y. LEXIS 1127

Opinion

Motion for reargument denied. Retroactive application is not to be accorded this court’s holding in People v. Donovan (13 N Y 2d 148) (see, also, People v. Failla, 14 N Y 2d 178; People v. Gunner, 15 N Y 2d 226; People v. Sanchez, 15 N Y 2d 387) that a defendant’s inculpatory statement is inadmissible when made to the police or other law enforcement officers during a period of detention after his attorney had requested and been denied access to him. (See, e.g., People v. Howard, 12 N Y 2d 65; see, also, People v. Muller, 11 N Y 2d 154; Linkletter v. Walker, 381 U. S. 618.) [See 300 N. Y. 594.]