People v. Draper

New York Court of Appeals

People v. Draper

109 N.E.2d 342, 304 N.Y. 799, 1952 N.Y. LEXIS 992

New York Court of Appeals·Decided November 20, 1952·Published·Cited by 2 cases

Opinion

Judgment of conviction affirmed; no opinion.

Concur: Lewis, Conway, Desmond, Dye and Fuld, JJ. Loitghban, Ch. J., and Fboessel, J., dissent and vote to order a new trial in the following memorandum: The defendant’s constitutional protection against compulsory self incrimination was invaded when the trial prosecutor commented adversely and at length upon the defendant’s refusal to take a truth serum test (see People v. Forte, 277 N. Y. 440; 8 Wigmore on Evidence [3d ed.], §§ 2272-2273). The further comment of the District Attorney to the jury that they should not be misled by any idea that this defendant, who pleaded insanity, may be confined permanently to a hospital, thus suggesting that he might be released, was also improper. [See 304 N. Y. 881.]

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Judgment of conviction affirmed; no opinion.

Concur: Lewis, Conway, Desmond, Dye and Fuld, JJ. Loitghban, Ch. J., and Fboessel, J., dissent and vote to order a new trial in the following memorandum: The defendant’s constitutional protection against compulsory self incrimination was invaded when the trial prosecutor commented adversely and at length upon the defendant’s refusal to take a truth serum test (see People v. Forte, 277 N. Y. 440; 8 Wigmore on Evidence [3d ed.], §§ 2272-2273). The further comment of the District Attorney to the jury that they should not be misled by any idea that this defendant, who pleaded insanity, may be confined permanently to a hospital, thus suggesting that he might be released, was also improper. [See 304 N. Y. 881.]

People v. Draper, 109 N.E.2d 342, 304 N.Y. 799, 1952 N.Y. LEXIS 992 (N.Y. 1952).

Pincite

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Opinion

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