People v. Ristau

Appellate Division of the Supreme Court of New York

People v. Ristau

29 A.D.2d 985, 290 N.Y.S.2d 1023, 1968 N.Y. App. Div. LEXIS 4206

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

DecidedApril 22, 1968

StatusPublished

This text of 29 A.D.2d 985 (People v. Ristau) 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. Ristau, 29 A.D.2d 985, 290 N.Y.S.2d 1023, 1968 N.Y. App. Div. LEXIS 4206 (N.Y. Ct. App. 1968).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 23, 1963, convicting him, upon a jury’s verdict, of murder in the first degree and sentencing him, on the jury’s recommendation, to life imprisonment. Defendant’s conviction was based, in part, upon admissions allegedly made in four statements elicited from defendant. On the trial, defendant contended, inter alla, that these statements had been coerced and that they were involuntary. The issue as to whether they were voluntary or involuntary was submitted to the jury. The action is remitted to the trial court for further proceedings .in accordance with 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, determination of the pending appeal in this action will be held in abeyance. Beldock, P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 23, 1963, convicting him, upon a jury’s verdict, of murder in the first degree and sentencing him, on the jury’s recommendation, to life imprisonment. Defendant’s conviction was based, in part, upon admissions allegedly made in four statements elicited from defendant. On the trial, defendant contended, inter alla, that these statements had been coerced and that they were involuntary. The issue as to whether they were voluntary or involuntary was submitted to the jury. The action is remitted to the trial court for further proceedings .in accordance with 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, determination of the pending appeal in this action will be held in abeyance. Beldock, P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

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Bluebook (online)

29 A.D.2d 985, 290 N.Y.S.2d 1023, 1968 N.Y. App. Div. LEXIS 4206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ristau-nyappdiv-1968.