People v. Colavecchio

Appellate Division of the Supreme Court of New York

People v. Colavecchio

25 A.D.2d 812, 270 N.Y.S.2d 101, 1966 N.Y. App. Div. LEXIS 4535

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

DecidedApril 7, 1966

StatusPublished

This text of 25 A.D.2d 812 (People v. Colavecchio) 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. Colavecchio, 25 A.D.2d 812, 270 N.Y.S.2d 101, 1966 N.Y. App. Div. LEXIS 4535 (N.Y. Ct. App. 1966).

Pincite

Opinion

Case held, matter remanded to Onondaga County Court for.further proceedings in accordance with the memorandum. Memorandum: This case comes to us after a so-called Huntley hearing (People v. Huntley, 15 N Y 2d 72). The Trial Judge found two statements made to Officer Colella at the time of the arrest to be voluntary. However, there was another oral admission made to Patrolman Gervais that was not passed upon by the Trial Justice, although it was received in evidence upon the trial. At a hearing of the Hwntley type, all confessions and inculpatory admissions introduced as part of the People’s case at the trial should be considered and voluntariness determined. (People v. Harden, 17 N Y 2d 470.) For this' reason the matter should be remanded so that the Trial Judge may pass upon the question of the voluntariness of the admissions to Patrolman Gervais and so that the Trial Judge may determine whether all of the admissions made to Officers Colella and Gervais were proved to be voluntary beyond a reasonable doubt. (Appeal from order of Onondaga County Court denying, following a hearing, motion to vacate a judgment of conviction for grand larceny, first degree, rendered November 9, 1961.)

Present — ‘Williams, P. J., Goldman, Henry, Del Vecchio and Marsh, JJ.

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Case held, matter remanded to Onondaga County Court for.further proceedings in accordance with the memorandum. Memorandum: This case comes to us after a so-called Huntley hearing (People v. Huntley, 15 N Y 2d 72). The Trial Judge found two statements made to Officer Colella at the time of the arrest to be voluntary. However, there was another oral admission made to Patrolman Gervais that was not passed upon by the Trial Justice, although it was received in evidence upon the trial. At a hearing of the Hwntley type, all confessions and inculpatory admissions introduced as part of the People’s case at the trial should be considered and voluntariness determined. (People v. Harden, 17 N Y 2d 470.) For this' reason the matter should be remanded so that the Trial Judge may pass upon the question of the voluntariness of the admissions to Patrolman Gervais and so that the Trial Judge may determine whether all of the admissions made to Officers Colella and Gervais were proved to be voluntary beyond a reasonable doubt. (Appeal from order of Onondaga County Court denying, following a hearing, motion to vacate a judgment of conviction for grand larceny, first degree, rendered November 9, 1961.)

Present — ‘Williams, P. J., Goldman, Henry, Del Vecchio and Marsh, JJ.

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Bluebook (online)

25 A.D.2d 812, 270 N.Y.S.2d 101, 1966 N.Y. App. Div. LEXIS 4535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-colavecchio-nyappdiv-1966.