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PEOPLE v. KAYE

25 N.Y.2d 139 (1969)

The People of the State of New York, Respondent, v. Marvin Kaye, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1969.

Attorney(s) appearing for the Case

Gerald Zuckerman for appellant.

Frank S. Hogan, District Attorney (Lewis R. Friedman and Michael R. Juviler of counsel), for respondent.

Judges SCILEPPI, BERGAN and BREITEL concur with Judge JASEN; Chief Judge FULD and Judge BURKE dissent and vote to reverse and to suppress the oral confession on the ground that no statement made in the absence of counsel should have been used against defendant, whether spontaneous or not, once he had been arrested and taken into custody and his lawyer had informed the police that he had advised the defendant not to make any statements. (See People v. Vella, ; People v. Arthur, .)

JASEN, J.

This case presents the issue of whether spontaneous statements made to the police by a defendant who has been advised of his constitutional rights are rendered inadmissible solely because the defendant is in custody and represented by counsel who is not present when the statement is volunteered.

As the result of a telephone call received from defendant's attorney, two detectives went to the...

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