People v. Vella

CourtNew York Court of Appeals
Writing for the CourtFULD; KEATING; VAN VOORHIS, BURKE, BERGAN and BREITEL, JJ., concur with FULD; KEATING, J., concurs in a separate opinion in which SCILEPPI
Citation21 N.Y.2d 249,287 N.Y.S.2d 369,234 N.E.2d 422
Parties, 234 N.E.2d 422 The PEOPLE of the State of New York, Respondent, v. Edwin H. VELLA, Appellant.
Decision Date29 December 1967

Page 369

287 N.Y.S.2d 369
21 N.Y.2d 249, 234 N.E.2d 422
The PEOPLE of the State of New York, Respondent,
v.
Edwin H. VELLA, Appellant.
Court of Appeals of New York.
Dec. 29, 1967.

[21 N.Y.2d 250] Stuart J. Justice, Albany, for appellant.

George J. Aspland, Dist. Atty. (Joseph F. O'Neill, Riverhead, of counsel), for respondent.

FULD, Chief Judge.

The defendant was arraigned in the New York City Criminal Court upon a charge of criminally receiving stolen property. Counsel was assigned to represent him, and the trial was adjourned to a future date. The defendant, released upon his own recognizance, was immediately arrested, as he was about to leave the courtroom, by New York State Police who were present during the arraignment proceedings.

Page 370

They turned him over to other members of the State Police force in Suffolk County. Shortly thereafter, these officers questioned him in the absence of, and without notice to, his attorney concerning a burglary of a private home in that county and the theft therefrom of property which was also involved in the New York County receiving charge. Such interrogation, despite the defendant's 'waiver' of his right to counsel, was impermissible. Consequently, the confession obtained from him should not have been received in evidence. (See, e.g., People v. Donovan, 13 N.Y.2d 148, 151--153, 243 N.Y.S.2d 841, 193 N.E.2d 628; People v. Waterman, 9 N.Y.2d 561, 565--566, 216 N.Y.S.2d 70; People v. Di Biasi, 7 N.Y.2d 544, 549--551, 200 N.Y.S.2d 21, 166 N.E.2d 825; Escobedo v. State of Illinois, 378 U.S. 478, 484--488, 490--492, 84 S.Ct. 1758, 12 L.Ed.2d 977; Massiah v. United Sttaes, 377 U.S. 201, 204--206, 84 S.Ct. 1199, 12 L.Ed.2d 246.)

Reversible error was also committed when the trial judge refused the defendant's request to submit to the jurors the question of the voluntariness of the confession after he had, in effect, instructed them that they need only consider and decide whether the confession was true or false. (See, e.g., People v. Rensing, 20 N.Y.2d 936, 286 N.Y.S.2d 481, 233 N.E.2d 459; People v. Huntley, 15 N.Y.2d 72, 77--78, 255 N.Y.S.2d 838, 204 N.E.2d 179; People v. Barbato, 254 N.Y. 170, 172--174, 172 N.E. 458; Rogers v. Richmond, 365 U.S. 534, 545--546, 81 S.Ct. 735, 5 L.Ed.2d 760.)

[234 N.E.2d 423] The conviction must be reversed and a new trial ordered.

KEATING, Judge (concurring).

I concur in the result reached by the majority because I believe that the charge on voluntariness was...

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59 practice notes
  • State v. Adams, No. 39402
    • United States
    • United States State Supreme Court of Washington
    • September 11, 1969
    ...wished to waive his rights. Although there is increasing sentiment in Page 671 this court to adopt the rule expressed in People v. Vella, 21 N.Y.2d 249, 287 N.Y.S.2d 369, 234 N.E.2d 422 (1967), we conclude here that a finding of an express statement by the accused that he wishes to waive on......
  • People v. Settles
    • United States
    • New York Court of Appeals
    • December 21, 1978
    ...somewhat contradictory (compare People v. Bodie, 16 N.Y.2d 275, 279, 266 N.Y.S.2d 104, 107, 213 N.E.2d 441, 443, with People v. Vella, 21 N.Y.2d 249, 251, 287 N.Y.S.2d 369, 234 N.E.2d 422; cf. State v. Green, 46 N.J. 192, 200-201, 215 A.2d 546; Commonwealth v. Frongillo, 359 Mass. 132, 268 ......
  • People v. Hobson
    • United States
    • New York Court of Appeals
    • May 4, 1976
    ...of counsel unless there is an affirmative waiver, in the presence of the attorney, of the defendant's right to counsel (People v. Vella, 21 N.Y.2d 249, 287 N.Y.S.2d 369, 234 N.E.2d 422). There is no requirement that the attorney or the defendant request the police to respect this right of t......
  • Anders v. State, No. 41627
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • September 23, 1969
    ...waiver along with the waiver of Miranda rights. Coughlan v. United States, 391 F.2d 371 (9th Cir., 1968). Cf., however, People v. Vella, 21 N.Y.2d 249, 287 N.Y.S.2d 369, 234 N.E.2d 422, which refused to accept such a waiver theory. I cannot, however, conclude that the State has here demonst......
  • Request a trial to view additional results
59 cases
  • State v. Adams, No. 39402
    • United States
    • United States State Supreme Court of Washington
    • September 11, 1969
    ...wished to waive his rights. Although there is increasing sentiment in Page 671 this court to adopt the rule expressed in People v. Vella, 21 N.Y.2d 249, 287 N.Y.S.2d 369, 234 N.E.2d 422 (1967), we conclude here that a finding of an express statement by the accused that he wishes to waive on......
  • People v. Settles
    • United States
    • New York Court of Appeals
    • December 21, 1978
    ...somewhat contradictory (compare People v. Bodie, 16 N.Y.2d 275, 279, 266 N.Y.S.2d 104, 107, 213 N.E.2d 441, 443, with People v. Vella, 21 N.Y.2d 249, 251, 287 N.Y.S.2d 369, 234 N.E.2d 422; cf. State v. Green, 46 N.J. 192, 200-201, 215 A.2d 546; Commonwealth v. Frongillo, 359 Mass. 132, 268 ......
  • People v. Hobson
    • United States
    • New York Court of Appeals
    • May 4, 1976
    ...of counsel unless there is an affirmative waiver, in the presence of the attorney, of the defendant's right to counsel (People v. Vella, 21 N.Y.2d 249, 287 N.Y.S.2d 369, 234 N.E.2d 422). There is no requirement that the attorney or the defendant request the police to respect this right of t......
  • Anders v. State, No. 41627
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • September 23, 1969
    ...waiver along with the waiver of Miranda rights. Coughlan v. United States, 391 F.2d 371 (9th Cir., 1968). Cf., however, People v. Vella, 21 N.Y.2d 249, 287 N.Y.S.2d 369, 234 N.E.2d 422, which refused to accept such a waiver theory. I cannot, however, conclude that the State has here demonst......
  • Request a trial to view additional results

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