(Download) "People State New York Ex Rel. Lonnie Lester Gibbs v. Leon J. Vincent" by Supreme Court of New York " eBook PDF Kindle ePub Free

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eBook details

Title: People State New York Ex Rel. Lonnie Lester Gibbs v. Leon J. Vincent
Author : Supreme Court of New York
Release Date : January 21, 1975
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 76 KB

Description

[49 A.D.2d 631 Page 631] In a habeas corpus proceeding, petitioner appeals from a judgment of the County Court, Rockland County, entered December 4, 1974, which dismissed the proceeding. Judgment affirmed, without costs. Whether the Court of Appeals did or did not consider the Fifth and Sixth Amendments, as constitutional questions raised, should be left to that court to decide. Hopkins, Acting P.J., Latham and Brennan, JJ., concur; Shapiro, J., dissents and votes to reverse and to direct petitioner's discharge, with the following memorandum: On April 4, 1966 the body of one Archie Loper was found in a parking lot in Spring Valley, New York. Loper had been stabbed to death. The police arrested Saul Navarro (the friend and roommate of petitioner Gibbs) in connection with the murder. Gibbs was taken to the Spring Valley police station for questioning in connection with Loper's death. On April 5, 1966, he was taken before an acting Police Justice who ordered him confined as a material witness - a confinement which lasted until April 28, when he was indicted for the murder. On April 7, 1966, after he was allowed to speak to his girlfriend (who had previously spoken with the police), Gibbs led the police to a vacant lot where a small knife was found. Gibbs asserted that [49 A.D.2d 631 Page 632]