People ex rel. Taylor v. Ramsden

• Decision Date: 28 March 1961
• Citation: 212 N.Y.S.2d 821,27 Misc.2d 641
• Parties: PEOPLE of the State of New York ex rel. David D. TAYLOR, Relator, v. Thomas H. RAMSDEN, as Warden of Nassau County Jail, East Meadow, New York, Respondent.
• Court: New York Supreme Court

Page 821

212 N.Y.S.2d 821

27 Misc.2d 641

PEOPLE of the State of New York ex rel. David D. TAYLOR, Relator, v. Thomas H. RAMSDEN, as Warden of Nassau County Jail, East Meadow, New York, Respondent.

Supreme Court, Special Term, Nassau County, Part II.

March 28, 1961.

Herbert Sachs, Bellmore, for petitioner.

J. Oakey McKnight, County Atty., Nassau County, Mineola, for respondent; John D. Caemmerer, Deputy County Atty., Albertson, of counsel.

Manuel W. Levine, Dist. Atty., Nassau County, Mineola, Beryl I. Dulsky, Asst. Dist. Atty., Roslyn Heights, of counsel.

MARIO PITTONI, Justice.

This proceeding is pursuant to a writ of habeas corpus issued out of the Supreme Court, Appellate Division, 2nd Department, and commanding the Warden of the Nassau County Jail to bring the petitioner before me, in Special Term, for a hearing based on the petitioner's contention of illegal detention.

When the matter was heard on March 16, 1961, the petitioner was represented by assigned counsel. He was an attorney previously assigned to represent the petitioner in the County Court, in respect to the Burglary indictment under which he is now held.

This is only one of the many and varied applications that this veteran petitioner has made. In fact, in open court, he stated that he prepared this last petition, a very lawyer-like document, from memory and from his studies in other institutions such as Rikers Island, Sing Sing and Dannemora. Be that as it may, and regardless of his rather unsavory background, he is entitled to the same constitutional protection as the purest innocent.

The petitioner contends that his arrest was illegal, that there was an undue delay in arraignment, that a statement signed by him was coerced by threats, intimidation and force, that his person was illegally searched while under arrest and articles were improperly taken from him, and that these elements made his present detention illegal even though he has since been indicted by a Grand Jury for the crime of Burglary in the Third Degree.

A burglary was committed on January 6, 1961; and the petitioner was arrested on January 8, 1961, a Sunday, between 10:30 a. m. and 11:00 a. m., by a Nassau County Detective, without a warrant, but on reasonable cause to believe that a felony of Burglary had been committed by the petitioner. The petitioner was first brought to the 6th Precinct Station, and was then brought to Police Headquarters, Mineola, New York. During that time he gave a signed statement, which he now claims was coerced by threats and intimidation. The following morning, on a Monday, at or about 10 a. m., he was arraigned before Hon. Lyman D. Hall, a District Court Judge, sitting as a committing magistrate. On January 23, 1961, the petitioner was duly indicted by the Grand Jury for the crime of Burglary; and it is pursuant to this indictment that he is now held in the Nassau County Jail.

1. The petitioner's first contention, that his arrest was illegal, has not been sustained. His mere allegation that he was illegally arrested without a warrant, with nothing more being stated, is not sufficient to sustain his burden of proof on the issue; he states no facts. On the other hand, the People show that a burglary was committed, that investigation conducted the following day, a Saturday, pointed toward the petitioner, that further investigation carried on into Sunday established his whereabouts, and that this lead to his arrest Sunday morning. Thus, his arrest was legal, even without a warrant, because 'A peace officer may, without a warrant, arrest a person, * * * 3. When a felony has in fact been committed, and he has reasonable cause for believing the person to be arrested to have committed it; * * *.' (Section 177, Code of Criminal Procedure).

2. The next contention is that there was undue delay in arraignment. The arrest was made on Sunday morning, between 10:30 a . m. and 11:00 a. m.; he was brought to the nearest police station house for the usual processing of an arrested person; and he was then brought to Nassau County Police Headquarters in Mineola, L. I., for interrogation. It is within reasonable police procedure to hold the accused during this time for some preliminary questioning, identification, finger printing, and...