People v. Alberti

Appellate Division of the Supreme Court of New York

People v. Alberti

23 A.D.2d 543, 256 N.Y.S.2d 177, 1965 N.Y. App. Div. LEXIS 4931

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

DecidedFebruary 4, 1965

StatusPublished

Cited by1 cases

This text of 23 A.D.2d 543 (People v. Alberti) 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 v. Alberti, 23 A.D.2d 543, 256 N.Y.S.2d 177, 1965 N.Y. App. Div. LEXIS 4931 (N.Y. Ct. App. 1965).

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Opinion

Determination of the appeal withheld and the case [544]*544remitted (to the Supreme Court, New York County, for a ¡hearing and determination before Carney, J., on the issue of voluntariness of the defendant’s statement received in evidence. Defendant’s statement recorded by a police officer was offered in evidence as an admission against interest without objection by the defendant. The court charged that the jury must find that the admission was a voluntary statement not induced or influenced by any fear, caused by ■threats or violence, duress or coercion of any kind. At such hearing the defendant and the People are permitted to put in additional proof on the issue of voluntariness if either side so desires. In its decision the court shall make specific findings of fact and conclusions of law (People v. Huntley, 15 N Y 2d 72; Jackson v. Denno, 378 U. S. 368). Concur — Valente, J. P., Stevens, Eager, Steuer and Staley, JJ.

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Determination of the appeal withheld and the case [544]*544remitted (to the Supreme Court, New York County, for a ¡hearing and determination before Carney, J., on the issue of voluntariness of the defendant’s statement received in evidence. Defendant’s statement recorded by a police officer was offered in evidence as an admission against interest without objection by the defendant. The court charged that the jury must find that the admission was a voluntary statement not induced or influenced by any fear, caused by ■threats or violence, duress or coercion of any kind. At such hearing the defendant and the People are permitted to put in additional proof on the issue of voluntariness if either side so desires. In its decision the court shall make specific findings of fact and conclusions of law (People v. Huntley, 15 N Y 2d 72; Jackson v. Denno, 378 U. S. 368). Concur — Valente, J. P., Stevens, Eager, Steuer and Staley, JJ.

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Bluebook (online)

23 A.D.2d 543, 256 N.Y.S.2d 177, 1965 N.Y. App. Div. LEXIS 4931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alberti-nyappdiv-1965.

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