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PEOPLE STATE NEW YORK v. JOSEPH SWIFT (06/02/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1969.NY.41813 <http://www.versuslaw.com>; 300 N.Y.S.2d 639; 32 A.D.2d 183 June 2, 1969 THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.JOSEPH SWIFT, APPELLANT Appeal from a judgment of the County Court of Nassau County (Douglas F. Young, J.), rendered September 11, 1968, convicting defendant of robbery in the third degree, upon his plea of guilty. James J. McDonough and Matthew Muraskin for appellant. William Cahn, District Attorney (Jules E. Orenstein of counsel), for respondent. Hopkins, J. Christ, Acting P. J., Brennan, Munder and Martuscello, JJ., concur. Author: Hopkins


Appeal from a judgment of the County Court of Nassau County (Douglas F. Young, J.), rendered September 11, 1968, convicting defendant of robbery in the third degree, upon his plea of guilty.

Hopkins, J. Christ, Acting P. J., Brennan, Munder and Martuscello, JJ., concur.

Author: Hopkins

 The defendant was indicted for robbery in the first degree, grand larceny in the second degree, and possession of a weapon as a felony. A hearing under the statute (Code Crim. Pro., part VI, tit. II-C) was held concerning the admissibility of certain statements made by him after his arrest. The court found the statements admissible. Thereafter the defendant pleaded guilty to robbery in the third degree in satisfaction of the indictment and was sentenced.

The single issue raised by the defendant is whether he was accorded his rights under Miranda v. Arizona (384 U.S. 436) and knowingly waived them before making the statements found admissible. Hence we review the testimony at the hearing.

Patrolman John Mallon of the Long Beach Police Department testified that while on duty on December 15, 1967, at about 10:20 p.m., he saw the lights illuminating Waldbaum's Supermarket, but did not see any employees within. Entering the store, he saw the defendant standing near the door to a storage area. The defendant disappeared from view. The officer drew his revolver and discovered the defendant hiding behind some boxes. The officer searched the defendant and found on his person a starter's pistol, nylon stockings and gloves. The defendant had been accompanied by another man who assisted him in herding the employees of the store into a room and blocking the entrance by a fork-lift truck prior to the coming of the patrolman.

Henry Klejmont, a detective, testified that he saw the defendant first at the supermarket and then at police headquarters. Before questioning the defendant, he advised him orally of his rights in the following language:

"I told him that he had a right to counsel, to an attorney; that one would be present if he so desired; that he did not need to talk to me if he didn't want to; if he wanted to and wanted to have a lawyer present he could. * * *

"I told him that anything he said may be held against him in any court.

"I asked him if he wished to waive his rights. That's almost all of it, but I don't recall all of it right now, sir."

The detective also gave the defendant a paper upon which was written the following:

"POLICE DEPARTMENT

CITY OF LONG BEACH

NEW YORK

YOUR ...


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