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People v. Gray

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 26, 1967
28 A.D.2d 1079 (N.Y. App. Div. 1967)

Opinion

October 26, 1967

Appeal from the Erie County Court.

Present — Williams, P.J., Henry, Del Vecchio and Marsh, JJ.


Judgment unanimously reversed on the law and facts and a new trial granted. Memorandum: To warrant a conviction of violation of subdivision 1 of section 1308 of the Penal Law it must be established that the defendants knew the goods they are charged with receiving were stolen. (See People v. Checkman, 284 App. Div. 44. ) The circumstances relied on by the People to establish such guilty knowledge were wholly inadequate to exclude to a moral certainty the hypothesis of innocence. It does appear that certain statements were made by one or more of the defendants to the witness Williams at the police station after their apprehension by the police. The objection of defendants' counsel to the admissibility of the conversations had with Williams and a cousin in the absence of any police officers was sustained by the court, apparently under the authority of Miranda v. Arizona ( 384 U.S. 436). A development of all the circumstances surrounding the conversations may well establish their admissibility on a new trial of the issues.


Summaries of

People v. Gray

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 26, 1967
28 A.D.2d 1079 (N.Y. App. Div. 1967)
Case details for

People v. Gray

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN GRAY, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 26, 1967

Citations

28 A.D.2d 1079 (N.Y. App. Div. 1967)

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