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PEOPLE v. HERMANCE

35 N.Y.2d 915 (1974)

The People of the State of New York, Respondent, v. Vincent James Hermance, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1974.

Attorney(s) appearing for the Case

Kathryn D. Katz for appellant.

Roger J. Miner, District Attorney, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remanded for a new trial. We find, as a matter of law, that this concededly indigent defendant was not informed of his right to have counsel assigned if he could not afford one and, thus, his subsequent inculpatory statements should have been suppressed (People v. Witenski, 15 N.Y.2d 392, 395; Miranda v. Arizona, 384 U.S...

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