Grace L. Brodsky, New York City (Anthony F. Marra, Monroe Goldwater, Robert Conrad, New York City, on the brief), for appellant. Justia › US Law › Case Law › Federal Courts › Courts of Appeals › Second Circuit › 1966 › United States of America, Appellee, v. James Edward Payton, Appellant United States of America, Appellee, v. James Edward Payton, Appellant, 363 F.2d 996 (2d Cir. 1966) US Court of Appeals for the Second Circuit - 363 F.2d 996 (2d Cir. 1966) Grace L. Brodsky, New York City (Anthony F. Marra, Monroe Goldwater, Robert Conrad, New York City, on the brief), for appellant. Thomas H. Baer, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, Michael S. Fawer, New York City, on the brief), for appellee. Before FRIENDLY, HAYS and FEINBERG, Circuit Judges. Appellant James Edward Payton was charged below with selling cocaine on two occasions in October 1963 in violation of 26 U.S.C. §§ 4705(a), 7237(b). After a trial without a jury, Judge Murphy found appellant guilty on both counts of the indictment. On appeal, Payton claims that (1) his prearraignment statement should not have been received into evidence and (2) the indictment should have been dismissed because the grand jury was not told it was hearing hearsay evidence. For reasons given below, we affirm. Since no claim is made of failure of proof, we need recount the facts only briefly. The evidence of the government's witnesses was that Payton sold an ounce of cocaine to undercover Agent Cockerille on October 3, 1963 and again on October 10, 1963. The price for each purchase was $600. Between twelve noon and 1:00 P.M. on November 20, 1963, Cockerille and another agent arrested appellant at his room at 307 West 79 Street in Manhattan. On the way to the Bureau of Narcotics office at 90 Church Street, Cockerille advised Payton that he did not have to make a statement and that he could wait until he had an attorney. Nevertheless, Payton "grabbed at the opportunity" to become an informer. Payton then told Cockerille the name of the supplier of the narcotics. At 90 Church Street, appellant was fingerprinted and photographed; thereafter, he was brought to the United States Court House at Foley Square, and at about 2:40 P.M. an assistant United States attorney interviewed him in the presence of the two agents. At that time, Payton was advised that he did not have to answer any questions and that any answers could be used against him. Thereafter, appellant answered questions and admitted the two sales of cocaine. Appellant was arraigned immediately thereafter. The transcribed questions and answers comprise the written statement that is the basis of Payton's first claim on appeal.
Feb 2, 2023 ... Yeshiva Gedolah Zichron Shmayahu of Toronto has been founded in 1989 by the late Reb Moshe Reichmann z”l. Reb Moshe brought in Rav Chaim Mendel ... Rav Chaim Mendel Brodsky to grace Alumni Melava Malka in Lakewood this Motzei Shabbos [COMMUNICATED] Yeshiva Gedolah Zichron Shmayahu of Toronto, under the tutelage of its Rosh Yeshiva, Rav Chaim Mendel Brodsky, will be holding its annual alumni and friends Melava Malka this Motzei Shabbos, Parshas Beshalach, Feb. 4, 2023, at Khal Nachlas Yaakov (R’ Gissinger), 175 Sunset Road, Lakewood. The Event will be featuring a catered Melava Malka and speeches: Divrei Psiycha from Rav Shloime Gartenhaus, Menahel. The evening will culminate with the highlight of the evening, Divrei Brocha and Shmuz from the Rosh Yeshiva, Rav Chaim Mendel Brodsky. Yeshiva Gedolah Zichron Shmayahu of Toronto has been founded in 1989 by the late Reb Moshe Reichmann z”l. Reb Moshe brought in Rav Chaim Mendel Brodsky to serve as Rosh HaYeshiva including delivering daily shiurim etc.. Rav Chaim Mendel Brodsky was previously delivering shiurim at the Mir Yeshiva in Yerushalayim beginning in 1981 ever since his father-in-law Rav Nochum Partzovitz fell ill into a coma. Rav Chaim Mendel, Rav Nochum’s eldest son-in-law assumed the mantle of leadership thereafter in Toronto in 1989 at the behest of HaRav Shach Zt”l. This content, and any other content on TLS, may not be republished or reproduced without prior permission from TLS. Copying or reproducing our content is both against the law and against Halacha. To inquire about using our content, including videos or photos, email us at general@thelakewoodscoop.com.
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