People v. Ward

Appellate Division of the Supreme Court of New York

People v. Ward

23 A.D.2d 956, 259 N.Y.S.2d 920, 1965 N.Y. App. Div. LEXIS 4208

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

DecidedMay 13, 1965

StatusPublished

This text of 23 A.D.2d 956 (People v. Ward) 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. Ward, 23 A.D.2d 956, 259 N.Y.S.2d 920, 1965 N.Y. App. Div. LEXIS 4208 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order unanimously reversed and matter remitted to Niagara Supreme Court for a hearing and determination in accordance with memorandum. Memorandum: In this appeal from a denial, without a hearing, of his application for a' writ of error coram nobis, defendant asserts various grounds in his petition. We find that none of his claims can be raised in coram nobis (People v. Howard, 12 N Y 2d 65) except his assertion that he was entitled to a hearing on the voluntariness of statements he made. These statements were used as evidence at the trial and defendant’s objections as to their voluntariness were overruled. Furthermore, the Trial Judge charged the jury as to the law concerning the voluntariness of statements and confessions. Under these circumstances the matter must be remitted for a complete hearing before the Niagara Supreme Court, without a jury, as to all matters relating to the voluntariness of the statements and confessions (People v. Huntley, 15 N Y 2d 72). The hearing should be limited solely to this question. (Appeal from order of Supreme Court, Niagara County, denying without a hearing, motion to vacate a judgment of conviction for manslaughter, first degree, rendered March 30,1955.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Vecchio, JJ.

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Order unanimously reversed and matter remitted to Niagara Supreme Court for a hearing and determination in accordance with memorandum. Memorandum: In this appeal from a denial, without a hearing, of his application for a' writ of error coram nobis, defendant asserts various grounds in his petition. We find that none of his claims can be raised in coram nobis (People v. Howard, 12 N Y 2d 65) except his assertion that he was entitled to a hearing on the voluntariness of statements he made. These statements were used as evidence at the trial and defendant’s objections as to their voluntariness were overruled. Furthermore, the Trial Judge charged the jury as to the law concerning the voluntariness of statements and confessions. Under these circumstances the matter must be remitted for a complete hearing before the Niagara Supreme Court, without a jury, as to all matters relating to the voluntariness of the statements and confessions (People v. Huntley, 15 N Y 2d 72). The hearing should be limited solely to this question. (Appeal from order of Supreme Court, Niagara County, denying without a hearing, motion to vacate a judgment of conviction for manslaughter, first degree, rendered March 30,1955.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Vecchio, JJ.

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Bluebook (online)

23 A.D.2d 956, 259 N.Y.S.2d 920, 1965 N.Y. App. Div. LEXIS 4208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ward-nyappdiv-1965.