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People v. Miller

Court of Appeals of the State of New York
Feb 20, 1964
197 N.E.2d 627 (N.Y. 1964)

Opinion

Argued January 20, 1964

Decided February 20, 1964

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JACOB A. LATONA, J.

Betty D. Friedlander for appellant.

George R. Blair, District Attorney ( Thomas M. Daley and John M. Frysiak of counsel), for respondent.


Judgment reversed and a new trial ordered. Evidence of the conference between defendant and the Assistant District Attorney after defendant had been arraigned was improperly received ( People v. Meyer, 11 N.Y.2d 162).

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, SCILEPPI and BERGAN. Judge BURKE dissents and votes to affirm upon the ground that the slight error does not warrant a reversal. The testimony given by Officer Finear was given when he was called as a witness for defendant and, therefore, properly admitted. The testimony elicited by the People from the Assistant District Attorney showing that defendant had requested an interview and had an interview with the Assistant District Attorney, at which defendant suggested a "deal", which suggestion was ignored, was not unduly prejudicial, as defendant's retained counsel conceded on the record that the statement was "neither an admission or confession". Defendant deliberately arranged the conference without consulting the court-appointed counsel who was supplanted by counsel of his own choice. Accordingly, the judgment of conviction should be affirmed (Code Crim. Pro., § 542).


Summaries of

People v. Miller

Court of Appeals of the State of New York
Feb 20, 1964
197 N.E.2d 627 (N.Y. 1964)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD MILLER…

Court:Court of Appeals of the State of New York

Date published: Feb 20, 1964

Citations

197 N.E.2d 627 (N.Y. 1964)
197 N.E.2d 627
248 N.Y.S.2d 233