[DOWNLOAD] "People State New York v. Candido Rivera And Emanuel Rivera" by Supreme Court of New York " eBook PDF Kindle ePub Free

July 24, 2021

eBook details

Title: People State New York v. Candido Rivera And Emanuel Rivera
Author : Supreme Court of New York
Release Date : January 29, 1980
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 73 KB

Description

Appeals by defendants from two judgments (one as to each of them) of the Supreme Court, Kings County, both rendered October 20, 1976, convicting each of them of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentences. By order dated November 13, 1979, this court remitted the case to Criminal Term for further proceedings with respect to the Huntley hearing and directed that the appeal be held in abeyance in the interim (People v Rivera, 72 A.D.2d 780). Criminal Term has complied and rendered a report in accordance therewith. Judgments reversed, on the law, motion to suppress statements granted, and new trial ordered. The issue remitted for resolution was whether the police, in the course of interrogating and obtaining confessions from the defendants, "had proceeded in disregard of the familys request to delay interrogation and had isolated defendants from those intent upon providing assistance" (People v Rivera, supra). After a hearing on this issue, the court concluded that the police had failed to comply with defendants mothers request, made prior to her sons confessions, to see them -- a request, which, in effect, sought a delay in their interrogation. Thus, the defendants had been isolated from those ready to provide them assistance. In reaching these conclusions the court found that at approximately 7:00 p.m. on July 25, 1975, defendants, Candido and Emanuel Rivera, had been taken by the police to the 60th Precinct for questioning concerning a shooting and robbery in a grocery store at 2616 Mermaid Avenue, Brooklyn, and that they had subsequently been held in custody for at least six hours before confessing to the crimes charged at about 1:00 a.m. the next morning. The court also found that during the evening of July 25, 1975, defendants mother had gone to the precinct twice and requested to see her sons. These requests had been denied. Finally, it was found that at the time these events [78 A.D.2d 556 Page 557]