The People of the State of New York, Respondent,
v.
Vincent Cerullo and Carmine Moccio, Appellants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued June 9, 1966.
Reargued September 21, 1966.
Decided October 27, 1966.
Attorney(s) appearing for the Case
J. Kenneth O'Connor for Vincent Cerullo, appellant.
Robert M. De Poto for Carmine Moccio, appellant.
William Cahn, District Attorney (Martin I. Silberg 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 District Attorneys Association, amicus curiæ.
Isidore Dollinger, District Attorney of Bronx County (Roy Broudny and Peter R. De Filippi of counsel), amicus curiæ.
Judges VAN VOORHIS, SCILEPPI, BERGAN and KEATING concur in Per Curiam opinion; Chief Judge DESMOND dissents and votes to reverse upon the dissenting opinion in People v. McQueen (, decided herewith) and reaches no other question; Judge FULD dissents and votes to reverse upon the dissenting opinion in People v. McQueen (decided herewith); Judge BURKE dissents in an opinion in which Judge FULD concurs.
Court of Appeals of the State of New York.
Per Curiam.
The judgments of conviction herein are affirmed. Moccio's arrest as a parole violator was proper. Therefore, his statements were properly received into evidence (cf. People v. Robinson, 13 N.Y.2d 296). The failure to hold a voir dire on the voluntariness of Cerullo's confession was not error because such a procedure was not required at the time of trial...
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