People v. Carter

Appellate Division of the Supreme Court of New York

People v. Carter

28 A.D.2d 1079, 285 N.Y.S.2d 892, 1967 N.Y. App. Div. LEXIS 3212

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

DecidedOctober 26, 1967

StatusPublished

This text of 28 A.D.2d 1079 (People v. Carter) 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. Carter, 28 A.D.2d 1079, 285 N.Y.S.2d 892, 1967 N.Y. App. Div. LEXIS 3212 (N.Y. Ct. App. 1967).

Pincite

Opinion

Memorandum: Appellant was convicted following a trial of certain felonies and we affirmed the judgment (9 A D 2d 720). Some years later and in 1966 defendant was granted a hearing as to a certain confession received in evidence upon the trial (cf. People v. Huntley, 15 N Y 2d 72). While it was error to require defendant at this hearing to go forward in the first instance with his proof (People v. Williams, 28 A D 2d 1080) the court herein did not hold — as was done in People V. Williams (infra) — that the burden was initially on appellant to establish the allegations in his petition. Moreover, the court herein found beyond a reasonable doubt upon all the evidence that defendant’s statement was not the product of force or coercion but had been voluntarily made. (Appeal from order of Onondaga County Court denying, following a hearing, motion to vacate judgment of conviction for attempted robbery first degree and assault second degree rendered March 2, 1959.) Present — Williams, P. J., Bastow, Henry and Marsh, JJ.

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Memorandum: Appellant was convicted following a trial of certain felonies and we affirmed the judgment (9 A D 2d 720). Some years later and in 1966 defendant was granted a hearing as to a certain confession received in evidence upon the trial (cf. People v. Huntley, 15 N Y 2d 72). While it was error to require defendant at this hearing to go forward in the first instance with his proof (People v. Williams, 28 A D 2d 1080) the court herein did not hold — as was done in People V. Williams (infra) — that the burden was initially on appellant to establish the allegations in his petition. Moreover, the court herein found beyond a reasonable doubt upon all the evidence that defendant’s statement was not the product of force or coercion but had been voluntarily made. (Appeal from order of Onondaga County Court denying, following a hearing, motion to vacate judgment of conviction for attempted robbery first degree and assault second degree rendered March 2, 1959.) Present — Williams, P. J., Bastow, Henry and Marsh, JJ.

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Bluebook (online)

28 A.D.2d 1079, 285 N.Y.S.2d 892, 1967 N.Y. App. Div. LEXIS 3212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carter-nyappdiv-1967.