People v. Teams

• Decision Date: 27 October 1966
• Citation: 222 N.E.2d 603,18 N.Y.2d 835,275 N.Y.S.2d 841
• Parties: , 222 N.E.2d 603 The PEOPLE of the State of New York, Respondent, v. James TEAMS, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 841

275 N.Y.S.2d 841

18 N.Y.2d 835, 222 N.E.2d 603

The PEOPLE of the State of New York, Respondent, v. James TEAMS, Appellant.

Court of Appeals of New York.

Argued June 7, 1966.

Reargued Sept. 21, 1966.

Decided Oct. 27, 1966.

William E. Hellerstein and Anthony F. Marra, New York City, for appellant.

Aaron E. Koota, Dist. Atty. (William I. Siegel and Frank DiLalla, Brooklyn, of counsel), for respondent.

Louis J. Lefkowitz, Atty. Gen. (Samuel A. Hirshowitz and Barry Mahoney, New York City, of counsel), amicus curiae.

Leonard Rubenfeld, Dist. Atty. (Benj. J. Jacobson, Jackson Heights, James J. Duggan, Tuckahoe, and Francis J. Valentino, of counsel), for New York District Attorneys Association, amicus curiae.

Isidore Dollinger, Dist. Atty. of Bronx County (Roy Broudny and Peter R. De Filippi, New York City, of counsel), amicus curiae.

MEMORANDUM.

The evidence taken from the defendant at the place of his arrest was properly received in evidence (see People v. Peters, 18 N.Y.2d 238, 273 N.Y.S.2d 217, 219 N.E.2d 595; People v. Rivera, 14 N.Y.2d 441, 252 N.Y.S.2d 458, 201 N.E.2d 32; People v. Santiago, 13 N.Y.2d 326, 334, 247 N.Y.S.2d 473, 196 N.E.2d 881). The prearraignment statements made by the defendant were properly received in evidence (People v. Meyer, 11 N.Y.2d 162, 227 N.Y.S.2d 427, 182 N.E.2d 103; cf. People v. Huntley, 15 N.Y.2d 72, 77, 255 N.Y.S.2d 838, 204 N.E.2d 179). Miranda v. State of Arizona (384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694) is not applicable (People v. McQueen, 18 N.Y.2d 337, 274 N.Y.S.2d 886, 221 N.E.2d 550, decided herewith).

VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING, JJ., concur in MEMORANDUM.

DESCMOND, C.J., and FULD, J., dissent and vote to reverse upon the dissenting opinion in People v. McQueen, 18 N.Y.2d 337, 274 N.Y.S.2d 886, 221 N.E.2d 550 (decided herewith) and reach no other question.

Upon reargument: Judgment affirmed in a Memorandum.