People v. Neureuter

• Decision Date: 27 October 1966
• Citation: People v. Neureuter, 274 N.Y.S.2d 564, 26 A.D.2d 899 (N.Y. App. Div. 1966)
• Parties: PEOPLE of the State of New York, Respondent, v. Robert A. NEUREUTER, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 564

274 N.Y.S.2d 564

26 A.D.2d 899

PEOPLE of the State of New York, Respondent, v.Robert A. NEUREUTER, Appellant.

Supreme Court, Appellate Division, Fourth Department.

Oct. 27, 1966.

E. George Perdix, Buffalo (James P. Manak, Buffalo, of counsel), for appellant.

Michael F. Dillon, Buffalo (Wm. E. Carey, Buffalo, counsel), for respondent.

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

MEMORANDUM:

At a preliminary hearing conducted by the trial judge evidence was presented as to circumstances surrounding the taking of a statement from the defendant by police officers which required a finding by the trial judge not only as to voluntariness but also as to whether the defendant incriminated himself while being interrogated by the police in the absence of counsel after he had requested the aid of an attorney.(People v. Sanchez, 15 N.Y.2d 387, 259 N.Y.S.2d 409, 207 N.E.2d 356)We remit the case to the County Court solely for a finding and determination upon the testimony presented at the preliminary hearing as to whether the defendant gave the statement offered in evidence while being interrogated by the police in the absence of counsel after he had...