People v. Monahan

This is an appeal from a conviction for driving while intoxicated upon a verdict of guilty found by a jury in the town Justice Court of the Town of Genesee. Prior to the trial, a ‘ ‘ Huntley ’ ’ hearing was held pursuant to section 813-g of the Code of Criminal Procedure. The testimony adduced showed that after the advice of rights, the arresting officer questioned the defendant in some detail without the consent of the defendant or his attorney with whom both the defendant and the officer had talked on the telephone. The Justice erroneously ruled such testimony admissible. (Miranda v.…