People v. Burd

New York Court of Appeals

People v. Burd

238 N.E.2d 746, 22 N.Y.2d 653, 291 N.Y.S.2d 355, 1968 N.Y. LEXIS 1399

CourtNew York Court of Appeals

DecidedMay 15, 1968

StatusPublished

Cited by1 cases

This text of 238 N.E.2d 746 (People v. Burd) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Burd, 238 N.E.2d 746, 22 N.Y.2d 653, 291 N.Y.S.2d 355, 1968 N.Y. LEXIS 1399 (N.Y. 1968).

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Opinion

Upon further reargument: Judgment, as amended, reversed and a new trial ordered in a memorandum: Upon this reargument we adhere to our earlier determination that defendant’s confession was proven to be voluntary beyond a reasonable doubt (18 N Y 2d 832). Nevertheless, since his codefendant’s involuntary confession, which implicated him, was admitted at their joint trial, defendant Hocking should, as a matter of fair procedure, receive a new trial with defendant Burd’s confession excluded (People v. Cender, 18 N Y 2d 610; People v. Morgan, 17 N Y 2d 696; People v. Donovan, 13 N Y 2d 148; People v. Rodriguez, 11 N Y 2d 279; People v. Noble, 9 N Y 2d 571; People v. Waterman, 9 N Y 2d 561; People v. Bonino, 1 N Y 2d 752; People v. Rudish, 294 N. Y. 500).

Concur: 'Chief Judge Fued and Judges Burke, Scieeppi, Bergan, Keating and Breecel. Judge Jasen dissents and votes to affirm.

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Upon further reargument: Judgment, as amended, reversed and a new trial ordered in a memorandum: Upon this reargument we adhere to our earlier determination that defendant’s confession was proven to be voluntary beyond a reasonable doubt (18 N Y 2d 832). Nevertheless, since his codefendant’s involuntary confession, which implicated him, was admitted at their joint trial, defendant Hocking should, as a matter of fair procedure, receive a new trial with defendant Burd’s confession excluded (People v. Cender, 18 N Y 2d 610; People v. Morgan, 17 N Y 2d 696; People v. Donovan, 13 N Y 2d 148; People v. Rodriguez, 11 N Y 2d 279; People v. Noble, 9 N Y 2d 571; People v. Waterman, 9 N Y 2d 561; People v. Bonino, 1 N Y 2d 752; People v. Rudish, 294 N. Y. 500).

Concur: 'Chief Judge Fued and Judges Burke, Scieeppi, Bergan, Keating and Breecel. Judge Jasen dissents and votes to affirm.

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Bluebook (online)

238 N.E.2d 746, 22 N.Y.2d 653, 291 N.Y.S.2d 355, 1968 N.Y. LEXIS 1399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burd-ny-1968.

Opinion

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