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PEOPLE v. RESSLER

17 N.Y.2d 174 (1966)

The People of the State of New York, Appellant-Respondent, v. Clarence J. Ressler, Jr., Respondent-Appellant.

Court of Appeals of the State of New York.

Decided March 31, 1966.

Attorney(s) appearing for the Case

M. Andrew Dwyer, Jr., District Attorney (Donald J. Shanley of counsel), for appellant-respondent.

Henry Mark Holzer, Frank A. Tate, Jr., Franklin P. Gavin, Phyllis Tate Holzer and Albert L. Richter for respondent-appellant.

Chief Judge DESMOND and Judges FULD and BERGAN concur with Judge VAN VOORHIS; Judge BURKE concurs in the result in a separate memorandum in which Judge KEATING concurs; Judge SCILEPPI dissents in part in a separate memorandum.

VAN VOORHIS, J.

The judgment of conviction was properly reversed and a new trial granted by the Appellate Division on account of the admission in evidence of the statement by defendant taken at the police station after his law firm had contacted the police (24 A.D.2d 7). The misleading answer given by the Chief of Detectives that there was nothing wrong and no need for a lawyer...

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