People v. Berman

Appellate Division of the Supreme Court of New York

People v. Berman

23 A.D.2d 532, 256 N.Y.S.2d 650, 1965 N.Y. App. Div. LEXIS 5051

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

DecidedJanuary 14, 1965

StatusPublished

This text of 23 A.D.2d 532 (People v. Berman) 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. Berman, 23 A.D.2d 532, 256 N.Y.S.2d 650, 1965 N.Y. App. Div. LEXIS 5051 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order unanimously reversed and matter remitted to Supreme Court of Erie County for further proceedings in accordance with memorandum. Memorandum: Appellant was convicted in 1944 of murder, first degree, and upon recommendation of the jury was sentenced to life imprisonment. Upon the trial three statements in the form of transcribed questions and answers made by appellant to police officers and prosecutors were received in evidence. Timely objections thereto were interposed upon various grounds, including the claim that the statements were not made voluntarily. The issue as to whether the statements were so made or were the product of fear produced by threats was submitted to the jury. The ease should be remitted for further proceedings consistent with People v. Huntley (15 N Y 2d 72). (Appeal from order of Erie Special Term denying, without a hearing, motion to vacate a judgment of conviction for murder, first degree, rendered March 14, 1944.) Present — Williams, P. J., Bastow, Goldman, Noonan and Del Veechio, JJ.

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Order unanimously reversed and matter remitted to Supreme Court of Erie County for further proceedings in accordance with memorandum. Memorandum: Appellant was convicted in 1944 of murder, first degree, and upon recommendation of the jury was sentenced to life imprisonment. Upon the trial three statements in the form of transcribed questions and answers made by appellant to police officers and prosecutors were received in evidence. Timely objections thereto were interposed upon various grounds, including the claim that the statements were not made voluntarily. The issue as to whether the statements were so made or were the product of fear produced by threats was submitted to the jury. The ease should be remitted for further proceedings consistent with People v. Huntley (15 N Y 2d 72). (Appeal from order of Erie Special Term denying, without a hearing, motion to vacate a judgment of conviction for murder, first degree, rendered March 14, 1944.) Present — Williams, P. J., Bastow, Goldman, Noonan and Del Veechio, JJ.

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Bluebook (online)

23 A.D.2d 532, 256 N.Y.S.2d 650, 1965 N.Y. App. Div. LEXIS 5051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-berman-nyappdiv-1965.