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PEOPLE v. FAILLA

14 N.Y.2d 178 (1964)

The People of the State of New York, Respondent, v. Eugene John Failla, Appellant.

Court of Appeals of the State of New York.

Decided April 30, 1964.

Attorney(s) appearing for the Case

Nathan Kestnbaum for appellant.

Leonard Rubenfeld, District Attorney (James J. Duggan of counsel), for respondent.

Chief Judge DESMOND and Judges DYE and FULD concur with Judge BERGAN; Judges VAN VOORHIS, BURKE and SCILEPPI concur in a separate memorandum.

BERGAN, J.

Upon basic constitutional principles, it was laid down in People v. Donovan (13 N.Y.2d 148 [1963]) that a confession taken by police from a person accused of crime after counsel had been denied access to him was inadmissible on the trial. The case now before us comes within the rule announced in Donovan; and, although there are some differences between...

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