PEOPLE v. SIMONS


22 N.Y.2d 533 (1968)

The People of the State of New York, Respondent, v. Richard Simons, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1968.


Attorney(s) appearing for the Case

George P. Barker, William H. MacArthur and Anthony F. Marra for appellant.

Aaron E. Koota, District Attorney (Aaron Nussbaum of counsel), for respondent.

Judges BERGEN, BREITEL and JASEN concur with Judge SCILEPPI; Judge KEATING concurs in a separate opinion; Chief Judge FULD dissents and votes to reverse in an opinion in which Judge BURKE concurs.


SCILEPPI, J.

The chief question posed by this appeal is whether, under the particular circumstances of this case, the issuance of a parole warrant commenced a "judicial proceeding" thereby entitling the parole violator (the defendant Simons) to the presence of counsel during any interrogation by law enforcement officials.

On February 13, 1962, three men robbed a supermarket using a toy pistol...

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