People v. Kaye

This case presents the issue of whether spontaneous statements made to the police by a defendant who has been advised of his constitutional rights are rendered inadmissible solely because the defendant is in custody and represented by counsel who is not present when the statement is volunteered.

As the result of a telephone call received from defendant’s attorney, two detectives went to the Stratford Arms Hotel at 117 West 70th Street in Manhattan shortly after midnight on *141July 6, 1965. There they discovered the body of a 13-year-old boy in defendant’s room. Death had been caused by…