People v. Holland

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, the motion to suppress granted, and a new trial ordered.

On the present record, it cannot be said that the People carried their heavy burden of proving defendant’s statements voluntary beyond a reasonable doubt (see, e.g., People v Anderson, 42 NY2d 35, 38-39). Initially, the prosecution wholly failed to justify defendant’s lengthy prearraignment incarceration, which spanned a period of some 48 hours and encompassed portions of three different days. While the People now assert that no Judge was available for…