People v. Wooden
| Citation | 31 N.Y.2d 753,338 N.Y.S.2d 434 |
| Parties | , 290 N.E.2d 436 PEOPLE, etc., Respondent, v. William WOODEN, Appellant. |
| Decision Date | 02 November 1972 |
| Court | New York Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Second Department, 38 A.D.2d 690, 328 N.Y.S.2d 622.
Malachy T. Mahon, Hempstead, for appellant.
William Cahn, Mineola (Henry P. DeVine, Mineola, of counsel), for respondent.
Defendant was convicted in the County Court, Nassau County, Harold M. Spitzer, J., of murder, manslaughter first degree, robbery first degree and grand larceny third degree and he appealed.
The Appellate Division affirmed and defendant appealed.
In the Court of Appeals, defendant argued that he was involuntarily deprived of the effective assistance of counsel at his trial and was deprived of a fair trial and that his uncounseled post-indictment confessions should have been excluded on the grounds they were deliberately elicited by the trial prosecutor solely to assure conviction and in aid of no legitimate investigatory function, and on the grounds that defendant did not sufficiently understand the rights which in fact he waived.
Order affirmed.
All concur except FULD, C.J., and BURKE and BREITEL, JJ., on constraint of People v. Lopez, 28 N.Y.2d 23, 319 N.Y.S.2d 825, 268 N.E.2d 628, cert. den. 404 U.S. 840, 92 S.Ct. 133, 30 L.Ed.2d 74; but see U.S. ex rel. Lopez v. Zelker, D.C., 344 F.Supp. 1050, affirmed 465 F.2d 1405 (U.S. Court of Appeals, 2d Cir., 1972), insofar as the appellant's post-indictment statement has been held admissible.
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