People v. Leonti

• Court: New York Court of Appeals
• Writing for the Court: SCILEPPI; DESMOND; BURKE; VAN VOORHIS, BERGAN and KEATING, JJ., concur with SCILEPPI; DESMOND, C.J., concurs in a separate opinion in which KEATING; FULD; BURKE
• Citation: 18 N.Y.2d 384,275 N.Y.S.2d 825,222 N.E.2d 591
• Decision Date: 22 November 1966
• Parties: , 222 N.E.2d 591 The PEOPLE of the State of New York, Respondent-Appellant, v. Joseph LEONTI, Appellant-Respondent.

Page 825

275 N.Y.S.2d 825 18 N.Y.2d 384, 222 N.E.2d 591 The PEOPLE of the State of New York, Respondent-Appellant,
v.
Joseph LEONTI, Appellant-Respondent. Court of Appeals of New York. Nov. 22, 1966.

Page 826

[222 N.E.2d 592] [18 N.Y.2d 385] Irving Tenenbaum, New York City, for appellant.

William Cahn, Dist. Atty. (Henry P. De Vine, Mineola, of counsel), for respondent.

[18 N.Y.2d 386] SCILEPPI, Judge.

In 1962, defendant was convicted of felony murder, murder in the second degree, and arson in the third degree. He was sentenced to life imprisonment on the felony murder count, to a concurrent term of 40 years to life on the second degree murder count, and to a term of 10 to 20 years as a prior felony offender on the arson count, to run consecutively with the other two terms. The Appellate Division modified, striking out the sentence of 40 years to life for the murder in the second degree. As so modified, the judgment below was unanimously affirmed. The

Page 827

Appellate Division reasoned that 'it was improper to impose an additional sentence in respect of the crime of murder in the second degree committed by the same act which resulted in the conviction for murder in the first degree' (20 A.D.2d 899, 900, 248 N.Y.S.2d 1012, 1013).

Both the People and the defendant appealed, pursuant to permission of an Associate Judge of this court. This case was decided with People v. Huntley, 15 N.Y.2d 72, 255 N.Y.S.2d 838, 204 N.E.2d 179. Accordingly, we withheld determination of the appeal and sent the case back to the Supreme Court, Nassau County, for a 'Huntley' hearing (15 N.Y.2d 723, 256 N.Y.S.2d 935, 205 N.E.2d 201), which has been held. The Trial Judge found the defendant's confession voluntary beyond a reasonable doubt. The Appellate Division affirmed, and from the amended judgment of the Appellate Division defendant appeals.

Our attention is directed to two questions: first, whether the issue of voluntariness of the confession herein was properly resolved; second, whether the original sentence imposed should be reinstated.

At about 3:25 P.M. on the day in question, Patrolman Robert La Vigne, of the Nassau County Police Department, received a call to assist at a fire in Manorhaven, Long Island. From his position on the fire line, he observed the defendant light a cigarette, drop it to the ground, step on it, light another, take several puffs, drop it to the ground, step on it, pace back and forth, glance at the burning house, glance at the crowd, and pace back and forth again. In addition, he testified that defendant was running his fingers through his hair. The patrolman [18 N.Y.2d 387] approached the defendant and learned that he was a boarder in the burning building. The defendant gave the patrolman his name and produced a mutilated Social Security card as identification. After several questions were propounded to the defendant, he became 'aggressive' and the patrolman stated 'I said that I didn't like the fact that he couldn't identify himself and that I was holding him for questioning when the detectives arrived'. The time was about 3:45 P.M. Shortly thereafter, the badly mutilated body of Mrs. Evelyn Williams was discovered within the burning building. Lieutenant Rodgers of the Arson Squad arrived at the scene at about 4:00 P.M., conducted an investigation, found 10 unrelated fires, and detected an odor of kerosene. Detective Stark was ordered to take the defendant to the precinct station [222 N.E.2d 593] house at about 5:20 P.M. While the defendant was at the precinct, Detective O'Shea searched the area of the fire and discovered several articles of male clothing in a trash can. These articles were examined and tested by the police laboratory and were found to be bloodstained. The detectives then proceeded to the restaurant where the defendant had been employed. The proprietor of the establishment, when shown the clothing, identified the articles as defendant's. The police then drove to the precinct where, at about 10:00

Page 828

P.M., the clothing was shown to the defendant who acknowledged that most of the clothes were his.

Also around 10:00 P.M., Detective Stark noticed some stains on the defendant's undershirt, visible through a slight opening in his outer shirt. The detective asked the defendant if the police could have the undershirt for testing, and the defendant consented. In addition, the defendant had previously voluntarily turned over to the police the contents of his pockets, including a bloodstained $10 bill.

The findings of the court below continue the narration as follows:

'Throughout the interrogation by numerous police personnel, the defendant denied his guilt. He was allowed to smoke, use the bathroom, and was served coffee and sandwiches intermittently during the examination, which continued past midnight and into the early morning of May 17th. The defendant was questioned continuously, without sleep, by a number of police officials * * * alone and in teams. During the period of [18 N.Y.2d 388] detention, the defendant also willingly gave to the police, all or most of the clothes he was wearing when apprehended. These articles were delivered to the Police Laboratory for testing.

'Some time after 2 A.M. Detective Jones, who had been attending at the autopsy on the deceased, entered the room where Leonti was being questioned. Detective Stark left shortly thereafter and Detectives Jones and Kenny continued their questioning of the defendant. At approximately 3:45 A.M. the detectives 'started right from the beginning again'. A discrepancy arose in defendant's story when he was asked to explain the presence of blood on certain items of clothing which had been found at the scene of the homicide and which the defendant had previously identified as his own. At that point, the defendant said 'I might as well tell you, you are going to keep asking me * * * until I do.'

'The defendant admitted that he had been lying up to that point and then proceeded to narrate the events of the day, detailing the particulars of the slaying. Detective Jones reduced this information to a written narrative form. At approximately 6:30 A.M. the written statement was read aloud to Leonti who thereupon signed it.

'After signing the 9-page written statement, defendant was then interviewed by an assistant district attorney from 6:55 A.M. until 7:25 in the presence of two other assistants and two detectives. The questions and answers which followed were recorded by a stenographer. The defendant's condition at this hour, after having been interrogated all night, was described by Detective Jones as 'wide awake' and 'had his full facilities' and by Detective Kenny as not appearing to be tired.

'After the interview by the district attorney had been concluded, Leonti was asked to sign certain additions which were made to the

Page 829

statement at 9:20 A.M. and again at 10:50 A.M. Shortly thereafter the defendant was arraigned in the Nassau County District Court on the first degree murder charge and then was received at the county jail at about 11:50 A.M. on May 17th.

'When Leonti arrived at the jail he was in the custody of Detective Kenny and another detective. He made no complaint of any injuries. On the following morning of the 18th, in the course of his duties as jail doctor and according to the practice [18 N.Y.2d 389] of examining every newly-admitted prisoner, [222 N.E.2d 594] Dr. Alexander Vivona examined Leonti. When asked by the Doctor if he had anything wrong, Leonti replied in the negative. A few minutes later, however, he claimed that he had been beaten by detectives with their fists at about 4 A.M. on May 17th. He also complained of pains in the stomach and chest. In the examination that followed, the doctor said he found contusions and abrasions of the upper abdomen and anterior chest, as well as contusions of the left thigh. The...