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PEOPLE v. McQUEEN

18 N.Y.2d 337 (1966)

The People of the State of New York, Respondent, v. Charlie Mae McQueen, Appellant.

Court of Appeals of the State of New York.

Reargued September 21, 1966.

Decided October 27, 1966.

Attorney(s) appearing for the Case

Leo F. McGinity for appellant.

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

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Barry Mahoney of counsel), amicus curiæ.

Leonard Rubenfeld, District Attorney (Benj. J. Jacobson, James J. Duggan and Francis J. Valentino of counsel), for New York State District Attorneys Association, amicus curiæ.

Isidore Dollinger, District Attorney of Bronx County (Roy Broudny and Peter R. De Filippi of counsel), amicus curiæ.

Opinion by Judge VAN VOORHIS. All concur, Judges SCILEPPI and KEATING in separate opinions in each of which the other concurs as well as in the opinion by Judge VAN VOORHIS, except Chief Judge DESMOND, who dissents in an opinion in which Judge FULD concurs.

VAN VOORHIS, J.

The conviction of appellant of murder in the second degree should be affirmed unless its correctness is controlled by Miranda v. Arizona (384 U.S. 436). The disposition of the appeal depends upon whether the prearraignment confessions of appellant and her re-enactment of the crime should have been excluded for the...

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