People v. Barton

Appellate Division of the Supreme Court of New York

People v. Barton

30 A.D.2d 764, 291 N.Y.S.2d 828, 1968 N.Y. App. Div. LEXIS 3687

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

DecidedJune 24, 1968

StatusPublished

This text of 30 A.D.2d 764 (People v. Barton) 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. Barton, 30 A.D.2d 764, 291 N.Y.S.2d 828, 1968 N.Y. App. Div. LEXIS 3687 (N.Y. Ct. App. 1968).

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Opinion

Order unanimously reversed and case remitted to Monroe County Court for a new hearing. Memorandum: The People have the burden to prove beyond a reasonable doubt that the statement was voluntarily made (People v. Williams, 28 A D 2d 1080); and we deem it improper to recognize such burden and yet require the defendant upon the hearing to proceed first with his evidence. It was error to preclude the defendant from testifying that upon entering the police station he asked to call his attorney and was denied the privilege (People v. Donovan, 13 N Y 2d 148; People v. Failla, 14 N Y 2d 178). We also believe that in a hearing involving the several contentions as made by the defendant herein, the court should make findings of fact (People v. Veitch, 25 A D 2d 494; cf. People v. Alfinito, 16 N Y 2d 181; People v. Rivera, 21 N Y 2d 871). (Appeal from order of Monroe County Court, denying, following a hearing, motion to vacate judgment of conviction for possession and sale of narcotics, rendered December 5, 1962.) Present— Bastow, P. J., Del Vecchio, Marsh, Witmer and Henry, JJ.

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Order unanimously reversed and case remitted to Monroe County Court for a new hearing. Memorandum: The People have the burden to prove beyond a reasonable doubt that the statement was voluntarily made (People v. Williams, 28 A D 2d 1080); and we deem it improper to recognize such burden and yet require the defendant upon the hearing to proceed first with his evidence. It was error to preclude the defendant from testifying that upon entering the police station he asked to call his attorney and was denied the privilege (People v. Donovan, 13 N Y 2d 148; People v. Failla, 14 N Y 2d 178). We also believe that in a hearing involving the several contentions as made by the defendant herein, the court should make findings of fact (People v. Veitch, 25 A D 2d 494; cf. People v. Alfinito, 16 N Y 2d 181; People v. Rivera, 21 N Y 2d 871). (Appeal from order of Monroe County Court, denying, following a hearing, motion to vacate judgment of conviction for possession and sale of narcotics, rendered December 5, 1962.) Present— Bastow, P. J., Del Vecchio, Marsh, Witmer and Henry, JJ.

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Bluebook (online)

30 A.D.2d 764, 291 N.Y.S.2d 828, 1968 N.Y. App. Div. LEXIS 3687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barton-nyappdiv-1968.