People ex rel. Carabello v. Johnston

Appellate Division of the Supreme Court of New York

People ex rel. Carabello v. Johnston

16 A.D.2d 994, 229 N.Y.S.2d 88, 1962 N.Y. App. Div. LEXIS 9066

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 21, 1962

StatusPublished

This text of 16 A.D.2d 994 (People ex rel. Carabello v. Johnston) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Carabello v. Johnston, 16 A.D.2d 994, 229 N.Y.S.2d 88, 1962 N.Y. App. Div. LEXIS 9066 (N.Y. Ct. App. 1962).

Pincite

Opinion

This is an appeal from an order denying appellant’s petition for a writ of habeas corpus on the ground that the matters contained therein had already been decided by the Appellate Division upon appeal. (14 A D 2d 778.) The petitioner seeks relief upon the theory that his confession, used against him on his original trial, was obtained from him by “ physical and mental torture ”. However, it appears from the papers on appeal and petitioner’s brief that he was on trial for murder in the first degree and during the trial pleaded guilty to manslaughter. Accordingly, the allegedly coerced confession has no bearing upon his conviction and the order of Special Term should be affirmed. Order unanimously affirmed. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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This is an appeal from an order denying appellant’s petition for a writ of habeas corpus on the ground that the matters contained therein had already been decided by the Appellate Division upon appeal. (14 A D 2d 778.) The petitioner seeks relief upon the theory that his confession, used against him on his original trial, was obtained from him by “ physical and mental torture ”. However, it appears from the papers on appeal and petitioner’s brief that he was on trial for murder in the first degree and during the trial pleaded guilty to manslaughter. Accordingly, the allegedly coerced confession has no bearing upon his conviction and the order of Special Term should be affirmed. Order unanimously affirmed. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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Bluebook (online)

16 A.D.2d 994, 229 N.Y.S.2d 88, 1962 N.Y. App. Div. LEXIS 9066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-carabello-v-johnston-nyappdiv-1962.