People v. Biot
| Decision Date | 06 April 1967 |
| Citation | 19 N.Y.2d 753,279 N.Y.S.2d 354 |
| Parties | , 226 N.E.2d 181 PEOPLE, etc., Respondent, v. Garon C. BIOT, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 26 A.D.2d 772, 272 N.Y.S.2d 702. O. John Rogge, New York City, for defendant-appellant.
Isidore Dollinger, New York City (L. Jeffrey Weingard, New York City, of counsel), for plaintiff-respondent.
Defendant was charged with being a youthful offender on ground that in the nighttime he broke and entered dwelling house of named police officer, while there was a human being therein at the time, with intent to commit a crime therein. The named police officer testified that he was present in his apartment at time of alleged breaking and entering of defendant and that he had to fight with defendant in order to overcome his resistance to arrest.
The Supreme Court, Bronx County, William Lyman, J., entered a judgment adjudicating the defendant to be a youthful offender and found that admissions made by defendant to the police were voluntary and were not induced by fear or by threats, coercion, or mistreatment.
The Appellate Division entered a judgment unanimously affirming the judgment of the Supreme Court.
The defendant, by permission of an Associate Judge of the Court of Appeals, appealed to the Court of Appeals, contending that alleged admissions were involuntary because of a combination of circumstances in that defendant was questioned for two hours at the police station, was beaten by the named police officer during the questioning, and was refused a request to see his mother, though she was present at the police station at the time he was being questioned. The People contended in the Court of Appeals that the voluntariness of defendant's statements was established beyond a reasonable doubt.
Judgment affirmed.
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People v. Stephen J. B.
...275 N.Y.S.2d 825, 829--830, 222 N.E.id 591, 593--595, cert. den. 389 U.S. 1007, 88 S.Ct. 566, 19 L.Ed.2d 603; People v. Biot, 19 N.Y.2d 753, 279 N.Y.S.2d 354, 226 N.E.2d 181, cert den. 390 U.S. 960, 88 S.Ct. 1056, 19 L.Ed.2d 1155.) There is no allegation of improper force, coercion, brutali......
- People v. Biot