[Download] "People v. Melvin Beckham" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: People v. Melvin Beckham
- Author : Supreme Court of New York
- Release Date : January 24, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
DECISION & ORDER The defendant was solicited by his co-defendant Jayne Stamen to kill her husband, who she claimed was
physically abusing her. The defendant then recruited two of his friends, the co-defendants Gregory Jackson and Harvey Catanzaro,
to assist him in the murder. On the evening of November 10, 1986, they staged a "house robbery" of Stamen's East Meadow home,
during the course of which the defendant repeatedly struck Stamen's husband in the head with a hammer causing his death. The
defendant was arrested nine days later and made oral and written statements, including a confession, the suppression of which
was later denied. We agree with the hearing court that the delay between the defendant's arrest and arraignment was not calculated to deprive
him of his indelible right to counsel and that it did not render his statements involuntary. It is well settled that "delay
in arraignment, without more does not cause an accused's critical-stage right to counsel to attach automically and, absent
extraordinary circumstances, a delay in arraignment is but a factor to be considered in assessing the voluntariness of a confession"
(People v Mosley, 135 A.D.2d 662, 663-664; see, People v Hopkins, 58 N.Y.2d 1079; People v Holland, 48 N.Y.2d 861; People
v Dairsaw, 46 N.Y.2d 739, cert denied 440 U.S. 985).