New York Court of Appeals October 27, 1966 (People v. McQueen)

Chief Judge Desmond

(dissenting). Under the Supreme Court’s “ Miranda ” confession rules (384 U. S. 436 [June, 1966]) this defendant’s conviction was illegal, as all must agree. Invariably — until now — the appellate courts of this State have applied to pending appeals the law as it stands on the date of decision of the appeal, unless vested property rights were at stake.