People v. Feldt
| Decision Date | 01 July 1968 |
| Citation | 293 N.Y.S.2d 103,22 N.Y.2d 839,239 N.E.2d 733 |
| Parties | , 239 N.E.2d 733 PEOPLE, etc., Respondent, v. Robert George FELDT, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 26 A.D.2d 743, 272 N.Y.S.2d 223.
Defendant was charged with the commission of rape and sodomy on a female of the age of 17 years. There was a hearing to determine the voluntariness of oral statements made by defendant to the police. It was found that the statements were not made because of fear induced by threats, of violence, promises of immunity, or any other inducement or coercion, and that statements were made after defendant was advised of his rights, and that statements were voluntary.
The County Court, Ulster County, Raymond J. Mino, J., entered a judgment on a verdict convicting defendant of first degree rape, first degree sodomy, and two counts of second degree assault.
The Appellate Division entered a judgment July 20, 1966 which affirmed the judgment of the County Court.
The defendant appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals. The defendant contended in the Court of Appeals that he was denied a fair trial because of references made by the female and another prosecution witness to his race and to the race of his alleged accomplice who was of a different race, and that he was deprived of a fair trial by allegedly inflammatory and prejudicial remarks by the prosecutor, and that he was arrested without probable cause, and that his statements resulted from unlawful arrest and detention, and that pretrial identification of him by the female was so unfair as to require a jury charge concerning such testimony, and that the County Court committed reversal error in refusing requested charge as to lesser crime of third degree assault. The People contended in the Court of Appeals that the racial references made by the witness were only to distinguish defendant from his accomplice and did not deprive defendant of a fair trial, and that prosecutor's summation was not so prejudicial as to deprive defendant of a fair trial, and that arrest was based on probable cause, and that County Court did not err in refusing to give requested charge on credibility, and that evidence did not authorize a third degree assault charge.
Judgment affirmed.
All concur.
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State v. James, 13483
...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 rel. Feldt v. Follette, 298 F.Supp. 1298 (S.D.N.Y.1969). The difficu......
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Com. v. Avery
...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 v. Follette, 298 F.Supp. 1298, 1301 (S.D.N.Y.1969); State v. Bolton, 2......
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United States ex rel. Foreman v. Casseles, 69 Civ. 4606.
...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, 389 F.2d 305 (D.C.Cir. 1967); Brown v. United States, 125 U.S.App......
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People v. Weis
...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 probable cause to a 'reasonable, cautious and prudent peac......