21 A.D.2d 959 | N.Y. App. Div. | 1964
Appeal from an order of the County Court of Albany County entered on December 4, 1963, after a hearing, denying an application in the nature of a writ of error coram nobis to vacate a judgment of conviction. (40 Misc 2d 732.) The issue presented is whether the procurement of the confession of a boy of 14, without force or threats and within two or three hours after he was picked up for questioning (and of his supplemental postarraignment pro forma identification of the victim’s picture), but without the offer or assistance of counsel, family or friends, and when he was but 14 years of age, (1) was coerced and the result of deprivation of constitutional rights and (2) if so, whether such confession, in turn, coerced defendant’s subsequent plea of guilty, although to a reduced charge. On March 15, 1947, the unclothed body of an eight-year-old boy was found hanged in a wooded area of the City of Albany. Later that same night the petitioner was taken from his home by police and brought before the District Attorney where he confessed to the murder. The events of the evening of March 15, 1947, were fully explored at the hearing held on September 24, 1963. The facts as presented by the petitioner and his parents show that the police came to the De Flumer house around 8:00 p.m., at which time they were informed petitioner was not home. They left after requesting that no mention be made of their visit. Petitioner came home and the police returned shortly after 9:00 p.m. The police requested petitioner to get his coat as they were taking him downtown for questioning. The parents’ request to accompany petitioner was refused as not necessary. Petitioner testified that he was seated in a police ear between the two detectives and driven around the city for about three hours during which time he was continually questioned. Finally petitioner said, “ All right, I did”, whereupon he was taken to the Eagle Street Police Station and thence to the District Attorney’s office. He gave a statement to the District Attorney which ended at approximately 12:30 A.M., and he was then placed in a cell. Petitioner’s parents learned from the 12 o’clock news that their son was being held for murder and tried unsuccessfully to see him that night. The next morning, Sunday, petitioner had a preliminary arraignment after which he saw his parents briefly. He was, thereafter, transferred to the county jail. On Monday, March 17, 1947, petitioner was visited by the District Attorney who had him sign a picture of the murdered boy. His parents were not allowed to visit him until Tuesday, March 18, 1947, the day he was indicted for first degree murder. Petitioner was arraigned on March 20, 1947, at which time a plea of not guilty was entered for him and it was stated counsel would be assigned. Much of the evidence produced by the People contradicted petitioner’s presentation and was found to refute it. With respect to the time element and the police activity, the evidence shows that the detectives first went to petitioner’s house at 9:30 p.m. Since petitioner was not home the