People v. Feldt
| Decision Date | 20 July 1966 |
| Citation | 26 A.D.2d 743,272 N.Y.S.2d 223 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Robert George FELDT, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Henry B. Rothblatt, Bronx, for appellant.
Joseph P. Torraca, Kingston, for respondent (Francis J. Vogt, Kingston, of counsel).
Before GIBSON, P.J., and HERLIHY, TAYLOR, AULISI and STALEY, JJ.
Appeal from a judgment of conviction of the County Court of Ulster County for the crimes of rape in the first degree, assault in the second degree with intent to commit rape, sodomy in the first degree, and assault in the second degree with intent to commit sodomy.
On March 14, 1964, a young girl 17 years old, while in the company of her aunt, 15 years old, was forcibly placed in an automobile by two males, unknown to them, and she was driven to three separate deserted spots, threatened, raped at each place by both males, and made to commit oral sodomy with one of them. Her attackers then returned her to the vicinity of her home and drove off.
The State Police obtained a description of the two attackers and of the automobile. One of the man was described as male, white, ruddy complexion, 190 pounds. The appellant had been convicted for a similar crime in 1959 and still resided in the vicinity. The State Police discovered he owned a white car and went to his home to question him concerning the crimes. He denied the crime, or any participation therein, but admitted that on the night of March 14, 1964, he had been in the company of a negro, named Parrie Lee Warren. Upon his refusal to voluntarily go to the police barracks for further questioning, he was arrested.
At the police barracks the appellant was made to stand in a lineup where he was identified as one of the attackers by the girl who had been attacked. After being advised of the identification, he admitted having intercourse with the girl, but denied having used force and denied any act of sodomy.
Appellant contends that his arrest was without probable cause and that all evidence obtained after the arrest, particularly his oral admission of the intercourse, be suppressed.
There is no dispute that the arresting officer had reasonable cause for believing that a felony had been committed; that the appellant matched the description given to the police officers; that he owned an automobile which matched the description of the automobile involved in the crime; and that he admitted prior to arrest that he was in the vicinity on the night of the crime in the company of a negro. This information in the possession of the arresting officer constituted such reasonable trustworthy information as would warrant him to believe that the appellant had in fact committed the crime. (Code of Criminal Procedure, section 177, subd. 4.) It, therefore, follows that the arrest being legal, the oral admissions of the defendant were properly admitted into evidence they having been voluntarily made.
The appellant also contends that he was denied a fair trial by reason of the witnesses, and the District Attorney, having distinguished the two men involved in the commission of the crimes by their skin color. The appellant admits that these references contained no direct appeal to racial bias, but asserts that the references were no less harmful and 'some alternative method of distinguishing between the two alleged...
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State v. James, 13483
...Wis.2d 769, 780-81, 218 N.W.2d 328 (1974); see State v. Carrillo, 108 Ariz. 524, 525-26, 502 P.2d 1343 (1972); People v. Feldt, 26 App.Div.2d 743, 744, 272 N.Y.S.2d 223 (1966), aff'd, 22 N.Y.2d 839, 239 N.E.2d 733, 293 N.Y.S.2d 103 (1968) habeas corpus dismissed sub nom. United States ex re......
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Com. v. Avery
...v. State, 230 Ga. 830, 833-834, 199 S.E.2d 205 (1973); Lewis v. State, 264 Ind. 288, 297, 342 N.E.2d 859 (1976); People v. Feldt, 26 A.D.2d 743, 744, 272 N.Y.S.2d 223 (N.Y.1966), aff'd, 22 N.Y.2d 839, 293 N.Y.S.2d 103, 239 N.E.2d 733 (1968), habeas corpus denied, United States ex rel. Feldt......
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United States ex rel. Foreman v. Casseles, 69 Civ. 4606.
...description and/or identification, on the other hand, the concern for reliability is considerably less. See e. g., People v. Feldt, 26 A.D.2d 743, 272 N.Y.S.2d 223, (1966), aff'd, 22 N.Y.2d 839, 293 N.Y.S.2d 103, 239 N.E.2d 733 (1968); see also Bailey v. United States, 128 U.S.App.D.C. 354,......
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...it was not unreasonable for the police to believe that the man they saw approaching was the one they were seeking (cf. People v. Feldt, 26 A.D.2d 743, 272 N.Y.S.2d 223, affd. 22 N.Y.2d 839, 293 N.Y.S.2d 103, 239 N.E.2d 733) and, therefore, that the standards of what should be considered pro......