People v. Schockett

Appellate Division of the Supreme Court of New York

People v. Schockett

30 A.D.2d 850, 293 N.Y.S.2d 54, 1968 N.Y. App. Div. LEXIS 3409

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

DecidedJuly 15, 1968

StatusPublished

This text of 30 A.D.2d 850 (People v. Schockett) 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. Schockett, 30 A.D.2d 850, 293 N.Y.S.2d 54, 1968 N.Y. App. Div. LEXIS 3409 (N.Y. Ct. App. 1968).

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Opinion

Order of the Supreme Court, Kings County, dated April 7,1967, which denied defendant’s application for a post-conviction hearing on the voluntariness of certain statements, affirmed. In our opinion, the issue of voluntariness was not raised at defendant’s trial. We do not believe that the trial court’s charge to the jury mandates a hearing as to the voluntariness of the admissions (see People v. Huntley, 15 N Y 2d 72, 77). Although the court-referred to voluntariness in alluding to the statements made to the police officer, the instruction that no contention was made by defendant as to voluntariness, and the admonition that the jury should not concern itself with whether the statements were obtained by fear or by threats, make it clear that the issue was not submitted to the jury. Beldock, P. J., Christ, Brennan, Hopkins and Benjamin, JJ., concur.

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Order of the Supreme Court, Kings County, dated April 7,1967, which denied defendant’s application for a post-conviction hearing on the voluntariness of certain statements, affirmed. In our opinion, the issue of voluntariness was not raised at defendant’s trial. We do not believe that the trial court’s charge to the jury mandates a hearing as to the voluntariness of the admissions (see People v. Huntley, 15 N Y 2d 72, 77). Although the court-referred to voluntariness in alluding to the statements made to the police officer, the instruction that no contention was made by defendant as to voluntariness, and the admonition that the jury should not concern itself with whether the statements were obtained by fear or by threats, make it clear that the issue was not submitted to the jury. Beldock, P. J., Christ, Brennan, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

30 A.D.2d 850, 293 N.Y.S.2d 54, 1968 N.Y. App. Div. LEXIS 3409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schockett-nyappdiv-1968.