People v. Miller
| Decision Date | 16 June 1981 |
| Citation | 54 N.Y.2d 616,442 N.Y.S.2d 491,425 N.E.2d 879 |
| Parties | , 425 N.E.2d 879 The PEOPLE of the State of New York, Appellant, v. Michael MILLER, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 76 A.D.2d 576, 430 N.Y.S.2d 865, should be affirmed.
Sometime before noon on August 24, 1977, "Ms. McE" reported to both the Spring Valley and the Clarkstown police that she had been raped earlier that morning. On September 26, approximately one month after the alleged incident, the District Attorney of Rockland County sought an order in the Clarkstown Village Court directing defendant to appear for a corporeal lineup in connection with the investigation of the matter. The application was denied, as was a similar application made in the Spring Valley Justices' Court on September 27, 1977. For the purpose of opposing both applications, defendant was represented by the Rockland County Public Defender's office.
On August 24, 1978 at 5:45 A.M. "Ms. P" reported to the Spring Valley police that earlier that morning she had been raped by a man in a Cadillac Eldorado. She remembered the license plate number, a check on which revealed that the car had been stolen. Shortly thereafter, at about 8:00 A.M., the car was located with defendant asleep inside. He was arrested, advised of his constitutional rights and taken to the Spring Valley police station. Later that morning he was arraigned on the charge of criminal possession of stolen property. Although advised by the court of his right to counsel, defendant was not represented by an attorney at that arraignment.
Subsequently, defendant was turned over to the Clarkstown police. Again advised of his rights, he was questioned by Detective Hewitt and Rockland County Assistant District Attorney Stephen Lowe for over two hours concerning the theft of the Cadillac and the rapes of both "P" and "McE", during the course of which defendant made incriminating statements with respect to all three offenses.
Defendant was thereafter indicted on two counts of rape in the first degree and one count of criminal possession of stolen property in the first degree. County Court granted defendant's suppression motion to the extent of suppressing those statements relating to the charge of criminal possession of stolen property and those relating to the 1978 rape of "Ms. P". It found admissible, however, the statements concerning the 1977 rape of "Ms. McE". On appeal from the judgment of conviction, the Appellate Division reversed and granted the suppression motion in its entirety. We now affirm.
Concerning statements relating to the stolen car: Defendant having been previously arraigned on the count of criminal possession of stolen property and thus his right to counsel having "indelibly" attached, he could not be...
To continue reading
Request your trial
-
People v. West
...to counsel cases, including Skinner itself, involved questioning that arose after an extended hiatus (see, People v. Miller, 54 N.Y.2d 616, 618, 442 N.Y.S.2d 491, 425 N.E.2d 879 [one year]; People v. Skinner, 52 N.Y.2d, at 27, 436 N.Y.S.2d 207, 417 N.E.2d 501 [two years]; People v. Singer, ......
-
People v. Bing
...the right to counsel (People v. Bartolomeo, 53 N.Y.2d 225, 440 N.Y.S.2d 894, 423 N.E.2d 371, supra; see also, People v. Miller, 54 N.Y.2d 616, 442 N.Y.S.2d 491, 425 N.E.2d 879). In Bartolomeo, defendant was taken into custody during a murder investigation. He had been arrested nine days ear......
-
People v. Miller
...contentions to be without merit (id., at p. 586, 430 N.Y.S.2d 865), and on appeal to this court we affirm (54 N.Y.2d 616, 442 N.Y.S.2d 491, 425 N.E.2d 879). After a lineup was held the victim, whose responses to the prior photo array showings had been that the photograph of defendant looked......
-
People v. Bertolo
...44 N.Y.2d 241 ), or that defendant is represented by counsel on an unrelated pending charge (e.g.,People v. Rogers, supra; People v. Miller, 54 N.Y.2d 616 or where defendant has indicated that he desires the assistance of counsel (People v. Cunningham, 49 N.Y.2d 203 ), we have demanded that......