[DOWNLOAD] "Matter Michael G. (Anonymous)" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Michael G. (Anonymous)
- Author : Supreme Court of New York
- Release Date : January 05, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
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[40 A.D.2d 520 Page 521] Appellant and his accomplice were charged with having committed a robbery. While in custody at the police station, they
were interrogated and admitted their participation in the crime. The interrogation concededly violated their rights under
Miranda v. Arizona (384 U.S. 436). Shortly thereafter, and while still in the station house, they engaged in a conversation
between themselves in which they discussed their participation in the crime. This conversation was overheard by the interrogating
officer. At the fact-finding hearing, the court properly excluded testimony as to the admissions made during the direct interrogation,
but ruled admissible, over appellant's objection, the policeman's testimony as to the conversation he had overheard, stating
that the conversation consisted of "voluntary statements made by them between themselves." The record discloses that the court,
among other grounds, based its fact-finding determination on the policeman's testimony. In our opinion, the statements made
by the youths during their conversation were tainted by the prior admissions made during the interrogation (People v. Tanner,
30 N.Y.2d 102; see, also, United States ex rel. Stephen J. B. v. Shelly, 430 F. 2d 215). Hence, it was reversible error to
allow testimony as to the conversation into evidence. In the light of this determination we feel it unnecessary to reach any
other questions.