People v. Rogers

Appellate Division of the Supreme Court of New York

People v. Rogers

25 A.D.2d 794, 269 N.Y.S.2d 189, 1966 N.Y. App. Div. LEXIS 4387

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

DecidedApril 29, 1966

StatusPublished

This text of 25 A.D.2d 794 (People v. Rogers) 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. Rogers, 25 A.D.2d 794, 269 N.Y.S.2d 189, 1966 N.Y. App. Div. LEXIS 4387 (N.Y. Ct. App. 1966).

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Opinion

Per Curiam.

Appeal from an order of the County Court of Chemung County which denied, without a hearing, an application in the nature of a writ of error coram nobis to vacate a judgment of conviction rendered March 9, 1960 after a trial by the court without a jury. The judgment was affirmed upon appeal. (21 A D 2d 720.) Appellant contends that his oral inculpatory statements to police officers were not voluntarily made and that evidence thereof was improperly received upon the trial. The conviction predated Jackson v. Denno (378 U. S. 368) and inasmuch as the evidence as to the statements “was admitted without any objection by the defendant or any assertion by him or his witnesses as to voluntariness ” and there was, of course, no jury to be “ charged * * * on voluntariness ” (People v. Huntley, 15 N Y 2d 72, 77), the case is not one of those required to be remanded for a Huntley hearing. Order affirmed.

Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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Per Curiam.

Appeal from an order of the County Court of Chemung County which denied, without a hearing, an application in the nature of a writ of error coram nobis to vacate a judgment of conviction rendered March 9, 1960 after a trial by the court without a jury. The judgment was affirmed upon appeal. (21 A D 2d 720.) Appellant contends that his oral inculpatory statements to police officers were not voluntarily made and that evidence thereof was improperly received upon the trial. The conviction predated Jackson v. Denno (378 U. S. 368) and inasmuch as the evidence as to the statements “was admitted without any objection by the defendant or any assertion by him or his witnesses as to voluntariness ” and there was, of course, no jury to be “ charged * * * on voluntariness ” (People v. Huntley, 15 N Y 2d 72, 77), the case is not one of those required to be remanded for a Huntley hearing. Order affirmed.

Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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Bluebook (online)

25 A.D.2d 794, 269 N.Y.S.2d 189, 1966 N.Y. App. Div. LEXIS 4387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rogers-nyappdiv-1966.

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