People v. Rivera
| Decision Date | 30 September 1965 |
| Parties | , 211 N.E.2d 649 The PEOPLE, etc., Respondent, v. Louis RIVERA, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 275 App.Div. 988, 90 N.Y.S.2d 917.
Defendant was convicted under count of indictment charging that defendant and another, without design to effect death, feloniously struck deceased with their hands and fists while engaged in commission of first degree robbery, and inflicted wounds resulting in death of deceased. The Supreme Court entered judgment and the defendant appealed.
The Appellate Division affirmed the judgment, and te defendant appealed to the Court of Appeals by leave of a judge of the Court of Appeals.
The Court of Appeals, 300 N.Y. 594, 89 N.E.2d 881, affirmed the judgment.
The defendant made a motion in the Court of Appeals for reargument.
Motion for reargument denied. Retroactive application is not to be accorded this court's holding in People v. Donovan, 13 N.Y.2d 148, 243 N.Y.S.2d 841, 193 N.E.2d 628 (see, also, People v. Failla, 14 N.Y.2d 178, 250 N.Y.S.2d 267, 199 N.E.2d 366; People v. Gunner, 15 N.Y.2d 226, 257 N.Y.S.2d 924, 205 N.E.2d 852; People v. Sanchez, 15 N.Y.2d 387, 259 N.Y.S.2d 409, 207 N.E.2d 356) that a defendant's inculpatory statement is inadmissible when made to the police or other law enforcement officers during a period of detention after his attorney had requested and been denied access to him. (See, e. g., People v. Howard, 12 N.Y.2d 65, 236 N.Y.S.2d 39, 187 N.E.2d 113; see, also, People v. Muller, 11 N.Y.2d 154, 227 N.Y.S.2d 421, 182 N.E.2d 99; Linkletter v. Walker, 381 U.S. 618, 85 S.Ct. 1731, 14 L.Ed.2d 601.)
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