People v. Goodman

• Decision Date: 12 January 1967
• Citation: 276 N.Y.S.2d 946,27 A.D.2d 692
• Parties: PEOPLE of the State of New York, Respondent, v. Joe GOODMAN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 946

276 N.Y.S.2d 946

27 A.D.2d 692

PEOPLE of the State of New York, Respondent, v.Joe GOODMAN, Appellant.

Supreme Court, Appellate Division, Fourth Department.

Jan. 12, 1967.

John J. Darcy, Rochester, for appellant.

John C. Little, Jr., Rochester, for respondent(Eugene Bergin, Rochester, of counsel).

Before WILLIAMS, P.J., and GOLDMAN, HENRY, DEL VECCHIO and MARSH, JJ.

MEMORANDUM:

This appeal was remitted to County Court for a Huntley hearing to determine the voluntariness of defendant's statement (25 A.D.2d 480).Upon the hearing County Court determined that the statement was voluntarily made.An integral part of that hearing was defendant's claim that he had requested counsel before making the statement.The People's witness categorically denied that such a request had been made, as claimed by defendant.County Court failed to make a finding as to whether the People had proved beyond a reasonable doubt that defendant did not request counsel before he made his statement.(See, People v. Neureuter, 26 A.D.2d 899, 274 N.Y.S.2d 564;People v. Spears, 26 A.D.2d 893, 274 N.Y.S.2d 666, andPeople v. Michalski, 26 A.D.2d 766, 272 N.Y.S.2d 1021.)The matter is remitted to Monroe County Court, Rosenthal, J. for a finding on this specific question of request for counsel, and the appeal is held pending the submission of this finding to this court.

Appeal held, decision reserved, and matter remitted to Monroe County Court, (Rosenthal, J.) for further proceedings in...