People v. Shivers

Chief Judge Ful».

This appeal presents a question as to the admissibility of statements obtained from an individual while being interrogated by a police officer at gun point.

During an attempt to hold up a liquor store in Inwood, Nassau County, on the night of November 15, 1965, the clerk on duty was assaulted. Shortly thereafter, a police officer arrived at the store and was given a description of the assailant and a second person who, the clerk believed, was an accomplice. Some 10 minutes later, while driving in his patrol car, the officer observed the defendant and another man, later…