15 N.Y.2d 970, People v. Vignera

Citation:15 N.Y.2d 970, 259 N.Y.S.2d 857
Party Name:People v. Vignera
Case Date:April 15, 1965
Court:New York Court of Appeals

Page 970

15 N.Y.2d 970

259 N.Y.S.2d 857

The PEOPLE, etc., Respondent,


Michael VIGNERA, Appellant.

New York Court of Appeals

April 15, 1965.

Appeal from Supreme Court, Appellate Division, Second Department, 21 A.D.2d 752, 252 N.Y.S.2d 19.

Defendant was convicted of first degree robbery.

The County Court, Kings County, rendered a judgment on November 3, 1961 sentencing the defendant, as a third felony offender, to a term of 30 to 60 years.

The Supreme Court, Kings County, rendered a judgment on February 6, 1963 resentencing the defendant, as a second felony offender, to serve the same term of imprisonment.

The Appellate Division affirmed the judgment of February 6, 196o on resentence without opinion and dismissed the appeal from the original judgment of November 3, 1961 as moot.

The defendant appealed to the Court of Appeals, contending that the admission in evidence of a statement resulting from the interrogation of the defendant by assistant district attorney prior to arraignment deprived the defendant of his right to counsel, violated his privilege against self-incrimination, and constituted a denial of due process, and contended that admission of testimony as to statements made by defendant during a period of illegal detention was a denial of due process, and that statement by the...

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