26 N.Y.2d 427 | NY | 1970
On May 5, 1967, three days after Christa Carfero was stabbed to death, the defendant was taken into custody by two police officers who told him that they wanted to question him. Declaring that he had “ nothing to hide ”, the defendant accompanied them to the police station. Upon his arrival there, he was informed that he was to be questioned about the Carfero murder. Then, when advised of his rights and given the requisite Miranda warnings (Miranda v. Arizona, 384 U. S. 436), he indicated his willingness to answer questions, stating that he “ didn’t do anything ” and did not need a lawyer. His interrogation then began and, after two hours, he admitted that he killed Mrs. Carfero and, some time later, having again been advised of his rights, made a full confession which, reduced to writing by the police, he signed. His indictment for first degree murder followed.
Two months prior to the commencement of the trial, counsel for the defendant moved for inspection of his confession. His application was denied on January 15, 1968. However, he was given a copy of the statement on January 23, during the course of a Hwntley hearing. Finding that the defendant had been
The pretrial motion for inspection should have been granted and the confession furnished to the defendant in advance of the Himtley hearing. In our view, absent circumstances affirmatively indicating that such an examination would be detrimental to the public interest, an accused is entitled to examine his confession or other statements before the trial begins.
However, although the motion for inspection should have been granted in this case, its denial may not be said to have been prejudicial The defendant’s lawyer was furnished with a copy of his statement on the day before the trial began. The fact that two officers may have co-operated in writing out the confession — rather than one officer as was indicated by the prosecution—-is of little moment in the context of this case. Since there is no support for the defendant’s claim that he was harmed by not receiving the confession at an earlier date, the error in denying the motion must be regarded as harmless (Code Grim. Pro., § 542).
The judgment of conviction should be affirmed.
Judges Burke, Bergan and Gibson concur with Chief Judge Fuld; Judges Scileppi, Breitel and Jasen concur in .result only.
Judgment of conviction affirmed.
. The new Criminal Procedure Law, which becomes effective on September 1, 1971 (L. 1970, ch. 996, § 5), expressly provides that a defendant is entitled, as a matter of right, to “ a written or recorded statement ” made to a law enforcement officer, if it is in the custody or control of the District Attorney (CPL, § 240.20, subd. 1, par. [b]).