Opinion
March 16, 1971
Appeal from a judgment of the County Court of Chemung County, rendered April 17, 1970, convicting defendant on his plea of guilty of burglary in the third degree. On a warrant issued on a policeman's information, based on a conversation with the manager of the premises burglarized and an unsworn fingerprint report from the Federal Bureau of Investigation, and the deposition of said manager, defendant was arrested on October 11, 1969 and brought to the Elmira City jail late in the afternoon of that day. On the next day, a Sunday, after being given the Miranda warnings and starting at about 10:00 A.M., he was interrogated by two police officers for about one and a half hours, during which time he made oral and written statements. The arraignment took place on Monday, the 13th. At a hearing held pursuant to section 813-g of the Code of Criminal Procedure, the court determined, beyond a reasonable doubt, that the statements were made voluntarily. Thereafter defendant pleaded guilty to burglary in the third degree in satisfaction of the indictment, which also had contained a count charging petit larceny. The fact that admissions or confessions are obtained from a defendant during a period of illegal detention following an unlawful arrest does not, as a matter of law, render them inadmissible, the manner of the arrest and the subsequent detention being merely circumstances to be considered on the issue of voluntariness ( People v. Everett, 10 N.Y.2d 500, 507). The period following the statements and prior to arraignment had no bearing upon the voluntariness of the statements ( People v. Vargas, 7 N.Y.2d 555, 566) and there is ample record support for the court's finding that the statements were not involuntarily made (cf. People v. Carbonaro, 21 N.Y.2d 271, 279). Judgment affirmed. Herlihy, P.J., Reynolds, Greenblott, Cooke and Simons, JJ., concur.