Majority
p. 879The People of the State of New York, Respondent, v. Louis Rivera, Appellant. Submitted September 20, 1965; decided September 30, 1965.
Motion for reargument denied. Retroactive application is not to be accorded this court’s holding in People v. Donovan ( 13 N Y 2d 148 ) (see, also, People v. Failla, 14 N Y 2d 178 ; People v. Gunner, 15 N Y 2d 226 ; People v. Sanchez, 15 N Y 2d 387 ) that a defendant’s inculpatory statement is inadmissible when made to the police or other law enforcement officers during a period of detention after his attorney had requested and been denied access to him. (See, e.g., People v. Howard, 12 N Y 2d 65 ; see, also, People v. Muller, 11 N Y 2d 154 ; Linkletter v. Walker, 381 U. S. 618 .) [See 300 N. Y. 594 .]
Cases cited
- People v. Donovan 13 N Y 2d 148 p. 879
- People v. Failla 14 N Y 2d 178 p. 879
- People v. MacArthur 15 N Y 2d 226 p. 879
- People v. Sanchez 15 N Y 2d 387 p. 879
- People v. Howard 12 N Y 2d 65 p. 879
- People v. Muller 11 N Y 2d 154 p. 879
- Linkletter v. Walker 381 U. S. 618 p. 879
- People v. Rivera 300 N. Y. 594 p. 879