People v. Goods

Appellate Division of the Supreme Court of New York

People v. Goods

26 A.D.2d 651, 272 N.Y.S.2d 487, 1966 N.Y. App. Div. LEXIS 3705

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

DecidedJuly 5, 1966

StatusPublished

This text of 26 A.D.2d 651 (People v. Goods) 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. Goods, 26 A.D.2d 651, 272 N.Y.S.2d 487, 1966 N.Y. App. Div. LEXIS 3705 (N.Y. Ct. App. 1966).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 29, 1964, convicting him of two counts of felonious sales of narcotic drugs (Penal Law, § 1751, subd. 1), upon a jury verdict, and imposing sentence upon him as a second felony offender. The action is remitted to the trial court for further proceedings in accordance with the decision in People v. Huntley (15 N Y 2d 72). The procedure prescribed in People v. Korda (24 A D 2d 577) should be followed. In the interim, the pending appeal in this court will be held in abeyance. Part of the People’s proof consisted of an oral and a written statement made by the defendant after his arrest and prior to arraignment. The issue of the voluntariness of those statements was submitted by the trial court to the jury for determination together with other issues. This procedure has been held to be in violation of the defendant’s constitutional rights; he was entitled to a separate trial by the court alone of the issue as to the voluntariness of his inculpatory statements (Jackson v. Denno, 378 U. S. 368; People v. Huntley, supra). Ughetta, Acting P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 29, 1964, convicting him of two counts of felonious sales of narcotic drugs (Penal Law, § 1751, subd. 1), upon a jury verdict, and imposing sentence upon him as a second felony offender. The action is remitted to the trial court for further proceedings in accordance with the decision in People v. Huntley (15 N Y 2d 72). The procedure prescribed in People v. Korda (24 A D 2d 577) should be followed. In the interim, the pending appeal in this court will be held in abeyance. Part of the People’s proof consisted of an oral and a written statement made by the defendant after his arrest and prior to arraignment. The issue of the voluntariness of those statements was submitted by the trial court to the jury for determination together with other issues. This procedure has been held to be in violation of the defendant’s constitutional rights; he was entitled to a separate trial by the court alone of the issue as to the voluntariness of his inculpatory statements (Jackson v. Denno, 378 U. S. 368; People v. Huntley, supra). Ughetta, Acting P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

26 A.D.2d 651, 272 N.Y.S.2d 487, 1966 N.Y. App. Div. LEXIS 3705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goods-nyappdiv-1966.

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