People v. Berman
| Decision Date | 14 January 1965 |
| Citation | 23 A.D.2d 532,256 N.Y.S.2d 650 |
| Parties | PEOPLE of the State of New York, Respondent, v. Bernard BERMAN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Martin W. Rauch, Buffalo, for appellant.
Michael F. Dillon, Buffalo, for respondent (A. G. Baumeister, Buffalo, of counsel).
Before WILLIAMS, P. J., and BASTOW, GOLDMAN, NOONAN, and DEL VECCHIO, JJ.
Appellant was convicted in 1944 of Murder, first degree and upon recommendation of the jury was sentenced to life imprisonment. Upon the trial three statements in the form of transcribed questions and answers made by appellant to police officers and prosecutors were received in evidence. Timely objections thereto were interposed upon various grounds, including the claim that the statements were not made voluntarily. The issue as to whether the statements were so made or were the product of fear produced by threats was submitted to the jury. The case should be remitted for further proceedings consistent with People v. Huntley, 15 N.Y.2d 72, 255 N.Y.S.2d 838, 204 N.E.2d 179 (decided January 7, 1965).
Order unanimously reversed and matter remitted to Supreme Court of Erie County for further proceedings in accordance with Memorandum.
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People v. Augello
...Appellate Division, Fourth Judicial Department, in accordance with proceedings consistent with the Huntley decision (People v. Berman, 23 A.D.2d 532, 256 N.Y.S.2d 650). The defendants were jointly tried and convicted in 1944 and by consent in open court have been heard together on the issue......