[Download] "People State New York v. Charlie Holland" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Charlie Holland
- Author : Court of Appeals of New York
- Release Date : January 29, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
On the present record, it cannot be said that the People carried their heavy burden of proving defendants statements voluntary beyond a reasonable doubt (see, e.g., People v Anderson, 42 N.Y.2d 35, 38-39). Initially, the prosecution wholly failed to justify defendants lengthy prearraignment incarceration, which spanned a period of some 48 hours and encompassed portions of three different days. While the People now assert that no Judge was available for the arraignment, no finding to that effect was made by the suppression court. Actually, the court found only that there was no regular session of City Court scheduled. The People do not explain the failure to contact a local Judge at home or in chambers to conduct the arraignment. This unwarranted delay, although a suspect circumstance (cf. People v Blake, 35 N.Y.2d 331, 340), is
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