People v. Cowan

Appellate Division of the Supreme Court of New York

People v. Cowan

23 A.D.2d 812, 258 N.Y.S.2d 127, 1965 N.Y. App. Div. LEXIS 4488

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

DecidedApril 8, 1965

StatusPublished

This text of 23 A.D.2d 812 (People v. Cowan) 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. Cowan, 23 A.D.2d 812, 258 N.Y.S.2d 127, 1965 N.Y. App. Div. LEXIS 4488 (N.Y. Ct. App. 1965).

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Opinion

Determination of this appeal withheld and ease remitted to Erie County Court for a hearing and determination in accordance with memorandum. Memorandum: The written, unsigned statement and oral admissions of defendant were received in evidence without objection of counsel. The Trial Judge, however, charged the jury that the issue of the voluntariness of these matters was for its determination. Under these circumstances the case must be "remitted to Erie County Court for a hearing and determination of the question of the voluntariness of the admissions (Jackson v. Denno, 378 U. S. 368; People v. Huntley, 15 N Y 2d 72). At such hearing the defendant and the People are to be permitted to put into evidence additional proof on the issue of voluntariness if either side should so desire. The hearing should be held before the court alone, without a jury, and in rendering its decision the court shall make specific findings of fact and conclusions of law. (Appeal from judgment of Erie County Court, convicting defendant of violation of section 1751 (subd. 3, par. [a]) of the Penal Law, possession of narcotics.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Veeehio, JJ.

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Determination of this appeal withheld and ease remitted to Erie County Court for a hearing and determination in accordance with memorandum. Memorandum: The written, unsigned statement and oral admissions of defendant were received in evidence without objection of counsel. The Trial Judge, however, charged the jury that the issue of the voluntariness of these matters was for its determination. Under these circumstances the case must be "remitted to Erie County Court for a hearing and determination of the question of the voluntariness of the admissions (Jackson v. Denno, 378 U. S. 368; People v. Huntley, 15 N Y 2d 72). At such hearing the defendant and the People are to be permitted to put into evidence additional proof on the issue of voluntariness if either side should so desire. The hearing should be held before the court alone, without a jury, and in rendering its decision the court shall make specific findings of fact and conclusions of law. (Appeal from judgment of Erie County Court, convicting defendant of violation of section 1751 (subd. 3, par. [a]) of the Penal Law, possession of narcotics.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Veeehio, JJ.

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Bluebook (online)

23 A.D.2d 812, 258 N.Y.S.2d 127, 1965 N.Y. App. Div. LEXIS 4488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cowan-nyappdiv-1965.

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