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UNITED STATES v. CONE

No. 450, Docket 29345.

354 F.2d 119 (1965)

UNITED STATES of America, Appellee, v. Richard CONE, Appellant.

United States Court of Appeals Second Circuit.

Submitted May 26, 1965.

Decided November 22, 1965.

Attorney(s) appearing for the Case

Neal J. Hurwitz, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, Michael W. Mitchell and Lawrence W. Newman, Asst. U. S. Attys., New York City, on the brief), for appellee.

Robert Kasanof, New York City, for appellant.

Before LUMBARD, Chief Judge, and WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and ANDERSON, Circuit Judges.

Submitted to the In Banc Court May 26, 1965.

LUMBARD, Chief Judge.

The question for decision is whether Richard Cone's statements made to customs agents on the street a few minutes after his arrest were properly admitted at his trial. The agents did not advise Cone of his right to remain silent and that what he said might be used in evidence. Cone did not ask to consult counsel prior to making the statements, nor was he advised of his right to do so. We hold...

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