People v. Pitman
| Decision Date | 01 December 1966 |
| Citation | 276 N.Y.S.2d 1001,18 N.Y.2d 919,223 N.E.2d 494 |
| Parties | , 223 N.E.2d 494 The PEOPLE, etc., Respondent, v. Isiah PITMAN, true name Isiah Biggins, and Alvin Nelson, Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 25 A.D.2d 637, 268 N.Y.S.2d 83.
Frank S. Hogan, New York City (Harold Roland Shapiro, New York City, of counsel), for respondent.
Defendants were convicted of first degree murder (felony murder).
The Supreme Court, New York County, Joseph A. Martinis, J., entered judgments, and the defendants appealed.
The Appellate Division entered judgments affirming the judgments of the Supreme Court.
The defendants appealed to the Court of Appeals by permission of a justice of the Appellate Division.
The defendants contended in the Court of Appeals that the Supreme Court abused its discretion in denying motions for a separate trial and that they were deprived of their constitutional right to try their own cases. The defendant Nelson contended in the Court of Appeals that he was deprived of a fair trial because of prejudicial misconduct on the part of the prosecutor. The defendant Pitman contended in the Court of Appeals that the decision of the United States Supreme Court in Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, should be applied retroactively so as to exclude from evidence a statement which he had made to the police.
Upon appeal by defendant Nelson: Judgment affirmed.
Upon appeal by defendant Pitman: Judgment modified to the extent of directing a hearing on the issue of voluntariness of a statement introduced as part of the People's case at the trial and, as so modified, affirmed. Case remitted to the Supreme Court, New York County, for such hearing. (People v. Huntley, 15 N.Y.2d 72, 255 N.Y.S.2d 838, 204 N.E.2d 179.)
All concur.
To continue reading
Request your trial
-
United States ex rel. Nelson v. Follette
...Division, People v. Pitman, 25 A.D.2d 637, 268 N. Y.S.2d 83 (1st Dept. 1966), and by the New York Court of Appeals, 18 N.Y.2d 919, 276 N.Y.S.2d 1001, 223 N.E.2d 494 (1966). Appellant claims that his conviction was obtained in violation of his Sixth and Fourteenth Amendment rights in that (1......
-
United States ex rel. Nelson v. Zelker, 845
...People v. Pitman (Biggins) & Nelson, 25 A.D.2d 637, 268 N.Y.S.2d 83 (1966) and by the New York Court of Appeals, 18 N.Y.2d 919, 276 N.Y.S.2d 1001, 223 N.E.2d 494 (1966). On November 30, 1967, after the affirmance of his conviction, appellant filed his first petition for habeas corpus in the......
-
People ex rel. Biggins v. Henderson
...not available. (SeePeople v. Pitman, true name Biggins, 25 A.D.2d 637, 268 N.Y.S.2d 83, mod. on other grounds and affd. 18 N.Y.2d 919, 276 N.Y.S.2d 1001, 223 N.E.2d 494). Judgment unanimously ...
- Alco Products, Inc. v. Atlantic Mutual Insurance Co.