People v. Mass

Appellate Division of the Supreme Court of New York

People v. Mass

26 A.D.2d 780, 273 N.Y.S.2d 1013, 1966 N.Y. App. Div. LEXIS 3447

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

DecidedSeptember 29, 1966

StatusPublished

This text of 26 A.D.2d 780 (People v. Mass) 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. Mass, 26 A.D.2d 780, 273 N.Y.S.2d 1013, 1966 N.Y. App. Div. LEXIS 3447 (N.Y. Ct. App. 1966).

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Opinion

Judgment herein appealed from, unanimously affirmed on the law and the facts. The appeal in this ease was argued before this court on September 8, 1965. The issue of the voluntariness of defendant’s confession having been raised, this court by order dated September 28, 1965, remanded the case to the Supreme Court for a hearing to determine the voluntariness of defendant’s confession (Jackson v. Denno, 378 U. S. 368; People v. Huntley, 15 N Y 2d 72). Determination of the appeal was held in abeyance until the Supreme Court, New York County, made its findings (People v. Mass, 24 A D 2d 713). In lieu of a formal hearing the parties agreed to rest upon the testimony adduced at the trial. The Justice before whom the ease was tried filed an opinion dated June 14, 1966, in which he reviewed at some length the testimony on the issue of voluntariness. He concluded the People met the burden imposed and that the confession was “ entirely voluntary.” We agree. After consideration of all the issues raised in the original appeal the judgment appealed from is affirmed. Concur — Botein, P. J., McNally, Stevens, Eager and Steuer, JJ.

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Judgment herein appealed from, unanimously affirmed on the law and the facts. The appeal in this ease was argued before this court on September 8, 1965. The issue of the voluntariness of defendant’s confession having been raised, this court by order dated September 28, 1965, remanded the case to the Supreme Court for a hearing to determine the voluntariness of defendant’s confession (Jackson v. Denno, 378 U. S. 368; People v. Huntley, 15 N Y 2d 72). Determination of the appeal was held in abeyance until the Supreme Court, New York County, made its findings (People v. Mass, 24 A D 2d 713). In lieu of a formal hearing the parties agreed to rest upon the testimony adduced at the trial. The Justice before whom the ease was tried filed an opinion dated June 14, 1966, in which he reviewed at some length the testimony on the issue of voluntariness. He concluded the People met the burden imposed and that the confession was “ entirely voluntary.” We agree. After consideration of all the issues raised in the original appeal the judgment appealed from is affirmed. Concur — Botein, P. J., McNally, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

26 A.D.2d 780, 273 N.Y.S.2d 1013, 1966 N.Y. App. Div. LEXIS 3447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mass-nyappdiv-1966.

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