People v. Goode

Appellate Division of the Supreme Court of New York

People v. Goode

13 A.D.2d 606, 212 N.Y.S.2d 507, 1961 N.Y. App. Div. LEXIS 11834

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

DecidedMarch 28, 1961

StatusPublished

This text of 13 A.D.2d 606 (People v. Goode) 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. Goode, 13 A.D.2d 606, 212 N.Y.S.2d 507, 1961 N.Y. App. Div. LEXIS 11834 (N.Y. Ct. App. 1961).

Pincite

Opinion

Appeal from an order of County Court, Albany County. Appellant was convicted in Albany County Court on March 7, 1941 of carnal abuse of a child. On April 8, 1960 he applied for a new trial on the ground of newly discovered evidence as to the voluntary nature of a confession which was received in evidence on the trial. Appellant alleges, without naming the witness, that he will produce a person who “witnessed everything that was said and done during the procurement of said confession”. This application was properly denied by the court without a hearing. Defendant is required to show the nature of the testimony alleged to be newly discovered and to disclose [607]*607exactly why it was not adduced at the trial. The “supplemental record” containing reference to previous applications is, on the application of appellant, stricken out as immaterial to this appeal. Order unanimously affirmed.

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Appeal from an order of County Court, Albany County. Appellant was convicted in Albany County Court on March 7, 1941 of carnal abuse of a child. On April 8, 1960 he applied for a new trial on the ground of newly discovered evidence as to the voluntary nature of a confession which was received in evidence on the trial. Appellant alleges, without naming the witness, that he will produce a person who “witnessed everything that was said and done during the procurement of said confession”. This application was properly denied by the court without a hearing. Defendant is required to show the nature of the testimony alleged to be newly discovered and to disclose [607]*607exactly why it was not adduced at the trial. The “supplemental record” containing reference to previous applications is, on the application of appellant, stricken out as immaterial to this appeal. Order unanimously affirmed.

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Bluebook (online)

13 A.D.2d 606, 212 N.Y.S.2d 507, 1961 N.Y. App. Div. LEXIS 11834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goode-nyappdiv-1961.