People State New York v. Garon C. Biot

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Whether the rights of defendant under the Fifth and Sixth Amendments were violated. Defendant argued that the introduction at the trial of his post-arrest statement and admissions, taken during a two-hour period of questioning, without warning him of his right to avail himself of the privilege against self incrimination and without advising him of his right to counsel and without acceding to his request to speak to his mother, who was present at the time, violated his constitutional right against self incrimination and right to counsel. The Court of Appeals considered this contention and held that there was no violation of defendant's constitutional rights. [See 19 N.Y.2d 753.]