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eBook details

• Title: People State New York v. Robert Clayton
• Author : Supreme Court of New York
• Release Date : January 08, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Although defendant's notice of appeal (filed following the oral decision of July 19, 1965, and patently for a review of the determination of this coram nobis proceeding) was premature, because the order was not made until after the notice of appeal was interposed, we have entertained the appeal under the authority of section 524-c of the Code of Criminal Procedure (L. 1967, ch. 360 [approved April 18, 1967]). We are of the opinion that, under the circumstances of this case, defendant's commitment as a material witness some 30 hours after he was first detained, at a time when no criminal action was pending in this State, effectively amounted to the commencement of criminal proceedings against him (see People ex rel. Van Der Beek v. McCloskey, 18 A.D.2d 205; People v. Rodriguez, 11 N.Y.2d 279; Code of Crim. Pro., § 618-b). It would appear, however, that retrospective effect is to be denied the holdings declaring inadmissible confessions obtained after the commencement of such proceedings (cf. People v. Howard, 12 N.Y.2d 65; People v. Rivera, 16 N.Y.2d 879).

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