People v. Gunner, 15 N.Y.2d 227 (1965)

Confessions are admissible even if the police do not inform the defendant of their right to counsel or that their statements could be used against them, absent a request for counsel or denial of access to counsel, but a hearing on the voluntariness of the confession is required.

Summary

This case concerns the admissibility of confessions in a felony murder trial and the propriety of jury instructions during the sentencing phase. The New York Court of Appeals affirmed the convictions but ordered a hearing on the voluntariness of the defendants’ confessions. The Court held that confessions are admissible even without prior warnings about the right to counsel or the use of statements against them, provided there was no request for counsel or denial of access to one. The court also addressed the instructions given to the jury regarding parole eligibility for life sentences, finding them to be accurate and in accordance with the law.

Facts

The appellants were convicted of felony murder. During police interrogation, they confessed to the crimes. The police did not inform them of their right to counsel or that their statements could be used against them. At trial, these confessions were admitted into evidence. The jury was instructed regarding the possibility of parole for those sentenced to life imprisonment.

Procedural History

The appellants were convicted in the trial court. They appealed to the New York Court of Appeals, arguing that their confessions were inadmissible because they were not informed of their rights, and that the jury instructions regarding parole eligibility were erroneous. The Court of Appeals affirmed the convictions but ordered a hearing on the voluntariness of the confessions based on Jackson v. Denno.

Issue(s)

1. Whether the confessions of the appellants were inadmissible because they were not informed of their right to counsel or that their statements could be used against them.

2. Whether the jury instruction regarding the possibility of parole for a person sentenced to life imprisonment was erroneous.

Holding

1. No, because there was no request for representation by an attorney during the interrogation, nor was an attorney in attendance and refused admittance.

2. No, because the court was required by statute to instruct the jury on the law relating to possible release on parole of a person sentenced to life imprisonment, and the instruction given was correct.

Court’s Reasoning

The Court reasoned that under their decision in People v. Gunner, confessions were not required to be excluded simply because the police did not advise the defendants of their right to counsel or the potential use of their statements. The critical factor was the absence of a request for counsel or a denial of access to counsel, distinguishing the case from People v. Donovan and Escobedo v. Illinois. However, in light of Jackson v. Denno, the Court found it necessary to remand for a hearing on the voluntariness of the confessions, independent of the lack of warnings. Regarding the jury instructions, the Court held that the trial court correctly instructed the jury on the possibility of parole after 26 years and 8 months, as required by Penal Law § 1945, subd. 6 and Correction Law § 230, subd. 2. The Court rejected the argument that the jury should have been instructed on the possibility of consecutive life sentences, stating that public policy dictates parole eligibility after the specified period. The Court emphasized that the jury was empowered to direct life sentences on each count, but could not recommend that those sentences run consecutively. As the court stated, “Whatever evidence would have been relevant in the case of a probation report, or otherwise to be considered by a sentencing Judge, is properly admissible before the sentencing jury.”