PEOPLE v. SHIVERS


21 N.Y.2d 118 (1967)

The People of the State of New York, Respondent, v. Warren Shivers, Appellant.

Court of Appeals of the State of New York.

Decided December 28, 1967.


Attorney(s) appearing for the Case

Gerald S. Kirschbaum, James J. McDonough and Matthew Muraskin for appellant.

William Cahn, District Attorney (Henry P. De Vine of counsel), for respondent.

Judges BURKE, KEATING and BREITEL concur with Chief Judge FULD; Judge BERGAN dissents and votes to affirm in a separate opinion in which Judges VAN VOORHIS and SCILEPPI concur.


Chief Judge FULD.

This appeal presents a question as to the admissibility of statements obtained from an individual while being interrogated by a police officer at gun point.

During an attempt to hold up a liquor store in Inwood, Nassau County, on the night of November 15, 1965, the clerk on duty was assaulted. Shortly thereafter, a police officer arrived at the store and was given a description of the...

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