People v. Jackson

Citation10 N.Y.2d 780,219 N.Y.S.2d 621,177 N.E.2d 59
Parties, 177 N.E.2d 59 PEOPLE, Respondent, v. Nathan JACKSON, Appellant.
Decision Date07 July 1961
CourtNew York Court of Appeals Court of Appeals

Appeal from County Court, Kings County.

The defendant was convicted of murder in the first degree under Section 1044 of the Penal Law, Consol.Laws, c. 40. The County Court, Kings County, Hyman Barshay, J., rendered judgment.

The defendant appealed to the Court of Appeals, and a motion was made in the Court of Appeals for enlargement of time.

The Court of Appeals, 9 N.Y.2d 793, 215 N.Y.S.2d 505, granted motion for enlargement of time.

The defendant contended in the Court of Appeals that he was improperly and illegally convicted, and that his constitutionally guaranteed rights were violated and infringed by the improper admission of his confession into evidence, and that the failure of the County Court to instruct the jury adequately on the law pertaining to the confession was error, and that the defendant's guilt was not established beyond a reasonable doubt, and that reversible error was committed by withholding statements of witnesses and grand jury testimony from defense counsel. The People of the State of New York contended in the Court of Appeals that the defendant's guilt was established beyond a reasonable doubt and that no errors, which affected the validity of the judgment of conviction, were committed on the trial.

Nathan Kestnbaum and Alfred Norick, New York City, for defendant-appellant.

Edward S. Silver, Brooklyn (William I. Siegel, Brooklyn, of counsel), for respondents.

Judgment of conviction affirmed.

All concur except FROESSEL, J., who dissents and votes to reverse and to order a new trial for the reasons stated in his dissenting opinion in People v. Hernandez and Ramirez, 10 N.Y.2d 774, 219 N.Y.S.2d 617, 177 N.E.2d 56.

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17 cases
  • Duncan v. State
    • United States
    • Alabama Supreme Court
    • June 30, 1965
    ...Ala. 164] and the jury, under proper instruction, determined the question. After losing his appeal (People v. Jackson, 10 N.Y.2d 780, 219 N.Y.S.2d 621, 177 N.E.2d 59; amended opinion, 10 N.Y.2d 816, 221 N.Y.S.2d 521, 178 N.E.2d 234; cert. denied, 368 U.S. 949, 82 S.Ct. 390, 7 L.Ed.2d 344), ......
  • Com. ex rel. Butler v. Rundle
    • United States
    • Pennsylvania Supreme Court
    • January 12, 1965
    ... ... at preliminary hearing in this Commonwealth, in and of itself, amount to a deprivation of due process of law? and (2) Is the ruling of Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964), to be given retroactive effect? Answering both questions in the negative, the Court of ... 19, 204 A.2d 439, 445 n. 19 (1964) ... 3 The courts of New York have so far held that Jackson is not to be given retroactive effect. People v. Hovnanian, 22 A.D.2d 686, 253 N.Y.S.2d 241 (1964); People v. Milford, (Sup.Ct.1964), 33 U.S.L. Week 2123 ... 4 Gaito was convicted in 1960. His ... ...
  • United States ex rel. Jackson v. Follette
    • United States
    • U.S. Court of Appeals — Second Circuit
    • June 23, 1972
    ...as to felony murder. The conviction was affirmed by the New York Court of Appeals without opinion on July 7, 1961. 10 N.Y.2d 780, 212 N.Y.S.2d 621, 177 N.E.2d 59. A motion for reargument was denied on October 5, 1961, 10 N.Y.2d 885, 223 N.Y.S.2d 1027, 179 N.E.2d 717, but the remittitur was ......
  • Jackson v. Denno, 62
    • United States
    • U.S. Supreme Court
    • June 22, 1964
    ...to death, Miss Elliott to a prison term. Jackson's conviction was affirmed by the New York Court of Appeals, People v. Jackson, 10 N.Y.2d 780, 219 N.Y.S.2d 621, 177 N.E.2d 59, its remittitur being amended to show that it had necessarily passed upon the voluntariness of the confession and ha......
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