People v. Sloan

Appellate Division of the Supreme Court of New York

People v. Sloan

23 A.D.2d 892, 260 N.Y.S.2d 248, 1965 N.Y. App. Div. LEXIS 4079

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

DecidedMay 24, 1965

StatusPublished

Cited by1 cases

This text of 23 A.D.2d 892 (People v. Sloan) 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. Sloan, 23 A.D.2d 892, 260 N.Y.S.2d 248, 1965 N.Y. App. Div. LEXIS 4079 (N.Y. Ct. App. 1965).

Pincite

Opinion

Appeal by defendants from a judgment of the Comity Court, Orange County, rendered October 16, 1962 after a jury trial, convicting them of murder in the first degree, and imposing sentence of life imprisonment on each defendant. On the court’s own motion, this action is remitted to the trial court for further proceedings in accordance herewith. Part of the People’s proof consisted of certain written and oral statements made by the defendants. The issue of the voluntariness of such statements was raised during the trial by the defendants and was submitted by the trial court to the jury for determination. Prior to such submission, however, no independent determination was made by the trial court with respect to the voluntariness of these statements. In view of the recent-decision of the Supreme Court of the United States (Jackson v. Demno, 378 U. S. 368), this action must be remitted to the trial court for further proceedings upon the issue of voluntariness, such proceedings to be held in accordance [893]*893with the procedure prescribed by this court in its decisions of December 21, 1964 (see, e.g., People v. Davis, 22 A D 2d 921), as modified and amplified by the Court of Appeals (People v. Huntley, 15 N Y 2d 72). In the interim, the pending appeal in this action will be held in abeyance. Ughetta, Acting P. J., Brennan, Hill, Rabin and Benjamin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendants from a judgment of the Comity Court, Orange County, rendered October 16, 1962 after a jury trial, convicting them of murder in the first degree, and imposing sentence of life imprisonment on each defendant. On the court’s own motion, this action is remitted to the trial court for further proceedings in accordance herewith. Part of the People’s proof consisted of certain written and oral statements made by the defendants. The issue of the voluntariness of such statements was raised during the trial by the defendants and was submitted by the trial court to the jury for determination. Prior to such submission, however, no independent determination was made by the trial court with respect to the voluntariness of these statements. In view of the recent-decision of the Supreme Court of the United States (Jackson v. Demno, 378 U. S. 368), this action must be remitted to the trial court for further proceedings upon the issue of voluntariness, such proceedings to be held in accordance [893]*893with the procedure prescribed by this court in its decisions of December 21, 1964 (see, e.g., People v. Davis, 22 A D 2d 921), as modified and amplified by the Court of Appeals (People v. Huntley, 15 N Y 2d 72). In the interim, the pending appeal in this action will be held in abeyance. Ughetta, Acting P. J., Brennan, Hill, Rabin and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

23 A.D.2d 892, 260 N.Y.S.2d 248, 1965 N.Y. App. Div. LEXIS 4079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sloan-nyappdiv-1965.

Opinion

Related

Cite This Page — Counsel Stack