UNITED STATES v. GAYNOR

No. 444, Docket 72-2008.

472 F.2d 899 (1973)

UNITED STATES of America, Appellee, v. Alford GAYNOR, Appellant.

United States Court of Appeals, Second Circuit.

Decided January 26, 1973.


Attorney(s) appearing for the Case

Michael Young, The Legal Aid Society, New York City (Robert A. Kasanof, New York City, on the brief), for appellant.

L. Kevin Sheridan, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E. D. N. Y., and Joan S. O'Brien, Asst. U. S. Atty., of counsel), for appellee.

Before KAUFMAN, ANDERSON and OAKES, Circuit Judges.


PER CURIAM:

The question raised by this appeal relates to the admissibility of an incriminating statement made by the appellant in a courthouse elevator to a Postal Inspector who had previously interrogated him, after his arraignment and assignment of counsel but in the absence of counsel. We hold that this statement was spontaneously volunteered and did not result from any official interrogation, and hence was not obtained in violation of either Miranda v. Arizona...

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