New York Court of Appeals

The People of the State of New York v. Carmine Di Biasi [Di Biase], Alias Sonny Pinto

April 1, 19607 N.Y.2d 544

Summary

The Court reversed the murder conviction and ordered a new trial because the defendant's post‑indictment statements, obtained without counsel, violated his constitutional right to counsel. The decision also noted that the majority relied on the Spano precedent and rejected the trial court's admission of those statements. Justice Dye dissented, arguing the statements were voluntary, while Justice Fuld concurred, adding that prejudicial error concerning a witness also warranted reversal.