People v. Fernandez

Appellate Division of the Supreme Court of New York

People v. Fernandez

29 A.D.2d 667, 286 N.Y.S.2d 295, 1968 N.Y. App. Div. LEXIS 4862

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

DecidedJanuary 15, 1968

StatusPublished

This text of 29 A.D.2d 667 (People v. Fernandez) 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. Fernandez, 29 A.D.2d 667, 286 N.Y.S.2d 295, 1968 N.Y. App. Div. LEXIS 4862 (N.Y. Ct. App. 1968).

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Opinion

Appeal by defendant from an order of the Supreme Court, Queens County, dated January 26, 1966, which, after a hearing, denied his coram nobis application to vacate a judgment of the former County Court, Queens County, rendered on March 28, 1958 after trial, convicting him of certain crimes and imposing sentence. Order affirmed. In a post-conviction Huntley hearing, the People have the burden of proving beyond a reasonable doubt that the confessions were voluntary (People v. Williams, 28 A D 2d 1080; People v. Garter, 28 A D 2d 1079; cf. People v. Leonti, 18 H Y 2d 384; People V. Langert, 44 Mise 2d 399, affd. 25 A D 2d 952; People v. Bel Hoyo, 23 A D 2d 639). The Judge before whom the hearing was held gave no credence to defendant’s testimony that he was threatened or coerced into making the statements. He found that all of the testimony taken together established beyond a reasonable doubt that the confessions were voluntary and he held “ that the confessions were voluntary in nature as a matter of law and as a matter of fact.” Upon this record we are required to accept the Judge’s finding and determination and therefore we must affirm the order (People v. Leonti, supra). Beldock, P. J. Brennan, Babin, Hopkins and Martuscello, JJ., concur.

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Appeal by defendant from an order of the Supreme Court, Queens County, dated January 26, 1966, which, after a hearing, denied his coram nobis application to vacate a judgment of the former County Court, Queens County, rendered on March 28, 1958 after trial, convicting him of certain crimes and imposing sentence. Order affirmed. In a post-conviction Huntley hearing, the People have the burden of proving beyond a reasonable doubt that the confessions were voluntary (People v. Williams, 28 A D 2d 1080; People v. Garter, 28 A D 2d 1079; cf. People v. Leonti, 18 H Y 2d 384; People V. Langert, 44 Mise 2d 399, affd. 25 A D 2d 952; People v. Bel Hoyo, 23 A D 2d 639). The Judge before whom the hearing was held gave no credence to defendant’s testimony that he was threatened or coerced into making the statements. He found that all of the testimony taken together established beyond a reasonable doubt that the confessions were voluntary and he held “ that the confessions were voluntary in nature as a matter of law and as a matter of fact.” Upon this record we are required to accept the Judge’s finding and determination and therefore we must affirm the order (People v. Leonti, supra). Beldock, P. J. Brennan, Babin, Hopkins and Martuscello, JJ., concur.

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Bluebook (online)

29 A.D.2d 667, 286 N.Y.S.2d 295, 1968 N.Y. App. Div. LEXIS 4862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fernandez-nyappdiv-1968.