People v. Bonino
| Court | New York Court of Appeals |
| Writing for the Court | CONWAY; DESMOND; DESMOND |
| Citation | 135 N.E.2d 51,152 N.Y.S.2d 298,1 N.Y.2d 752 |
| Parties | , 135 N.E.2d 51 PEOPLE of the State of New York, Respondent, v. Frank BONINO, Appellant. |
| Decision Date | 27 April 1956 |
Page 298
v.
Frank BONINO, Appellant.
Page 299
[135 N.E.2d 52] [1 N.Y.2d 753] Solon B. Hanft, Brooklyn, for appellant.
Edward S. Silver, Dist. Atty., Brooklyn (William I. Siegel, Brooklyn, of counsel), for respondent.
Upon reargument: Judgment reversed and a new trial ordered in accordance with the following memorandum: Since the United States Court of Appeals, Second Circuit, has held that the writ of habeas corpus must issue to his codefendant Caminito because his confessions were inadmissible, the defendant Bonino should, in the interest of justice, receive a new trial with his (Bonino's) confessions excluded.
CONWAY, C. J., and FULD, VAN VOORHIS and BURKE, JJ., concur.
DESMOND, J., dissents in the following opinion in which DYE and FROESSEL, JJ., concur.
DESMOND, Judge (dissenting).
Defendant's 1942 sentence to life imprisonment for a felony murder was unanimously affirmed by the Appellate Division, 265 App.Div. 960, 38 N.Y.S.2d 1019, and by this court, 291 N.Y. 541, 50 N.E.2d 654, and in 1947 we denied a motion made by him for reargument, 296 N.Y. 1004, 73 N.E.2d 579. Thereafter the Supreme Court denied certiorari, 333 U.S. 849, 68 S.Ct. 654, 92 L.Ed. 1131. During those proceedings this court twice considered and rejected defendant's argument, now pressed on us for the third time, that defendant's confession was illegally received in evidence because it was not voluntary but coerced. Now, on the third presentation to this court and upon renewed consideration of the same arguments, we of the dissent are agreed that our former decisions were right. The majority of this court, however, votes for a reversal of the conviction and for a new trial, holding that reversal is necessary or proper because the Federal courts (see United States ex rel. Caminito v. Murphy, D.C., 127 F.Supp. 689, reversed 2 Cir., 222 F.2d 698, certiorari denied 350 U.S. 896, 76 S.Ct. 155; but see previous denial of certiorari in Caminito's criminal cause, 348 U.S. 839, 75 S.Ct. 46, 99 L.Ed. 662, in habeas corpus proceedings have ordered a new trial for one Caminito who was tried and convicted in the State courts jointly with this appellant Bonino and one Noia, the latter of whom did not appeal. The Federal Court [135 N.E.2d 53] of Appeals reversing the District Court sustained Caminito's writ of habeas corpus on the ground that...
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Miranda v. State, No. 759
...for friends or attorney. See United States ex rel. Caminito v. Murphy, 222 F.2d 698 (C.A.2d Cir. 1955) (Frank, J.); People v. Bonino, 1 N.Y.2d 752, 152 N.Y.S.2d 298, 135 N.E.2d 51 (1956).26. The absurdity of denying that a confession obtained under these circumstances is compelled is aptly ......
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United States v. Fay, No. 308
...reversed the conviction, and ordered that upon retrial his coerced confession not be introduced against him. People v. Bonino, 1 N.Y.2d 752, 152 N.Y.S.2d 298, 135 N.E.2d 51 (1956). In fact, neither Caminito nor Bonino has ever been retried, as indeed it would appear to be impossible to obta......
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United States v. La Vallee, Civ. A. No. 8659.
...N.Y.2d 544, 200 N.Y.S.2d 21, 166 N.E.2d 825. The same cannot be said of its acceptance of lower federal court reversals. People v. Bonino, 1 N.Y.2d 752, 152 N.Y.S.2d 298, 135 N.E.2d 51; People v. Caminito, 3 N.Y.2d 596, 170 N.Y.S.2d 799, 148 N.E. 2d 139; see also United States ex rel. Noia ......
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Fay v. Noia, No. 84
...was also set aside and a new trial ordered on the ground that his confession had been unconstitutionally procured. People v. Bonino, 1 N.Y.2d 752, 152 N.Y.S.2d 298, 135 N.E.2d 51 (1956). Both Caminito and Bonino are now at liberty. It was said by the District Court in the opinion denying No......
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Miranda v. State, No. 759
...for friends or attorney. See United States ex rel. Caminito v. Murphy, 222 F.2d 698 (C.A.2d Cir. 1955) (Frank, J.); People v. Bonino, 1 N.Y.2d 752, 152 N.Y.S.2d 298, 135 N.E.2d 51 (1956).26. The absurdity of denying that a confession obtained under these circumstances is compelled is aptly ......
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United States v. Fay, No. 308
...reversed the conviction, and ordered that upon retrial his coerced confession not be introduced against him. People v. Bonino, 1 N.Y.2d 752, 152 N.Y.S.2d 298, 135 N.E.2d 51 (1956). In fact, neither Caminito nor Bonino has ever been retried, as indeed it would appear to be impossible to obta......
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Kaufman v. United States, No. 53
...Caminito v. Murphy, 222 F.2d 698, Page 235 701 (1955). The conviction of Noia's other codefendant was also reversed, People v. Bonino, 1 N.Y.2d 752, 152 N.Y.S.2d 298, 135 N.E.2d 51, and since there was no evidence other than the coerced confessions that they were guilty, the State apparentl......
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Fay v. Noia, No. 84
...was also set aside and a new trial ordered on the ground that his confession had been unconstitutionally procured. People v. Bonino, 1 N.Y.2d 752, 152 N.Y.S.2d 298, 135 N.E.2d 51 (1956). Both Caminito and Bonino are now at liberty. It was said by the District Court in the opinion denying No......