People v. Kaye
| Citation | 31 A.D.2d 536,295 N.Y.S.2d 81 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Marvin KAYE, Defendant-Appellant. |
| Decision Date | 26 November 1968 |
| Court | New York Supreme Court Appellate Division |
G. Zuckerman, New York City, for respondent.
M. R. Stack, New York City, for defendant-appellant.
Before BOTEIN, P.J., and EAGER, STEUER, CAPOZZOLI and McNALLY, JJ.
Judgment upon defendant's plea of guilty of the crime of manslaughter in the first degree affirmed. Defendant was indicted August 26, 1965 for murder in the first degree. As a result of a telephone communication from defendant's attorney, two detectives attended the Stratford Arms Hotel at117 West 70th Street, Manhattan, shortly after midnight on July 6, 1965 and found the deceased, a boy about 13 years of age, in the single bed of defendant's room in said hotel. Death had been caused by strangulation. The detectives immediately proceeded to Bellevue Hospital in Manhattan where defendant's attorney and his father surrendered him to the detectives, who took him in custody on a charge of homicide of the boy. Defendant, a recidivist, had been fully advised and informed by his attorney of his constitutional right against compulsory incrimination and had been expressly advised not to make any statement after his arrest to anyone. It is undisputed that defendant, while being conveyed from the hospital to the precinct located at 150 West 68th Street, Manhattan, truthfully and fully disclosed his involvement. The testimony of the detectives was to the effect that defendant, without any prompting on their part, immediately, spontaneously and compulsively, in minute detail, related the events preceding the boy's death. Defendant testified his confession was induced by veiled but not specific threats of violence.
The trial court conducted a Huntley (People v. Huntley, 15 N.Y.2d 72, 255 N.Y.S.2d 838, 204 N.E.2d 179) hearing and found defendant's said confession was voluntary and spontaneous, and not induced by any questioning or threat or fear of violence. Defendant thereafter was permitted to withdraw his plea of not guilty to the charge of murder in the first degree and allowed to plead guilty to the charge of manslaughter in the first degree.
Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, does not purport to find all confessions inadmissible. Miranda proscribes confessions induced by 'questioning' while in custody. Id., at p. 478, 86 S.Ct. 1602. Here the court found a...
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People v. Kaye
...to imprisonment for a term of from 10 to 15 years. The Appellate Division, First Department, affirmed defendant's conviction (31 A.D.2d 536, 295 N.Y.S.2d 81) upon the ground that his confession was admissible as 'a wholly voluntary statement not the product of questioning', citing People v.......
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...to admissions elicited by custodial interrogation. Miranda v. Arizona, 384 U.S. 436, 478, 86 S.Ct. 1602; see also: People v. Kaye, 31 A.D.2d 536, 295 N.Y.S.2d 81, aff'd 25 N.Y.2d 139, 303 N.Y.S.2d 41, 250 N.E.2d 329; State v. Billings, 84 Nev. 55, 436 P.2d 212; State v. Gosser, 50 N.J. 438,......
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United States ex rel. Kaye v. Zelker
...to a term of ten to fifteen years imprisonment. The Huntley hearing decision was appealed, and both the Appellate Division, People v. Kaye, 31 A.D.2d 536, 295 N.Y. S.2d 81 (1968) (one judge dissenting), and the New York Court of Appeals, People v. Kaye, 25 N.Y.2d 139, 303 N.Y. S.2d 41, 250 ......
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People v. Tompkins
...was convicted of manslaughter in the first degree, and the Appellate Division, First Department, affirmed the conviction (31 A.D.2d 536, 295 N.Y.S.2d 81) upon the ground that his confession was admissible as "a wholly voluntary statement not the product of questioning" (emphasis supplied). ......