From Casetext: Smarter Legal Research

People v. Pannone

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1977
59 A.D.2d 725 (N.Y. App. Div. 1977)

Opinion

October 11, 1977


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 10, 1976, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence. This appeal brings up for review the denial, after a hearing, of defendant's motion to suppress a statement. Judgment reversed, on the law, motion granted, and new trial ordered. As the People candidly concede, defendant's statement, taken in the absence of counsel after the filing of an indictment, must be suppressed (see People v Hobson, 39 N.Y.2d 479; People v Davis, 55 A.D.2d 960). Accordingly, a new trial is ordered. Cohalan, J.P., Rabin, Titone and Hawkins, JJ., concur.


Summaries of

People v. Pannone

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1977
59 A.D.2d 725 (N.Y. App. Div. 1977)
Case details for

People v. Pannone

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT PANNONE…

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

Date published: Oct 11, 1977

Citations

59 A.D.2d 725 (N.Y. App. Div. 1977)

Citing Cases

People v. Williams

The waiver and the statements were made in the absence of counsel. Under these circumstances, the statements…

People v. Santiago

Consequently, the trial court erred in failing to charge, as requested, the crime of manslaughter in the…