People v. Brown
| Decision Date | 11 April 1974 |
| Citation | 354 N.Y.S.2d 263,44 A.D.2d 769 |
| Parties | PEOPLE of the State of New York, Respondent, v. Richard BROWN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Donald L. Austin, Frank E. Blando, Utica, for appellant.
Richard D. Enders, Raymond A. Tarkowski, Utica, for respondent.
Before WITMER, J.P., and MOULE, CARDAMONE, GOLDMAN and DEL VECCHIO, JJ.
Defendant, who was convicted after a jury trial of burglary in the third degree, claims that the court erred in denying his request for a pre-trial hearing upon an alleged oral confession which defendant denied he made. Upon trial defendant testified to alleged police brutality in an effort to induce him to confess. When a defendant demands a hearing pursuant to People v. Huntley, 15 N.Y.2d 72, 255 N.Y.S.2d 838, 204 N.E.2d 179, the burden is upon the People to prove beyond any reasonable doubt that the alleged confession was made without coercion and was the defendant's voluntary act. Notwithstanding defendant's denial that he made any statement to the police, in view of his testimony as to brutality he 'was entitled to full inquiry into the voluntary nature of his purported confession even though he denied having made any confession' (People v. Wright, 21 N.Y.2d 1011, 1012, 290 N.Y.S.2d 930, 932, 238 N.E.2d 330, 332). Defendant makes no other claim of error and we therefore remit this matter solely for a hearing and determination of the question of his alleged confession.
Decision reserved, case held and matter remitted to Oneida County Court for proceedings in accordance with the preceding.
To continue reading
Request your trial
-
State v. Johnson, 16
...Phinney, 117 N.H. 145, 370 A.2d 1153 (1977); State v. Whittington, 142 N.J.Super. 45, 359 A.2d 881 (App.Div.1976); People v. Brown, 44 A.D.2d 769, 354 N.Y.S.2d 263 (1974); State v. Aschmeller, 87 S.D. 367, 209 N.W.2d 369 (1973); Valerio v. State, 494 S.W.2d 892 (Tex.Crim.App.1973); Blaszke ......
-
People v. Murchinson
...he had never been given his Miranda warnings (see People v. Wright, 21 N.Y.2d 1011, 290 N.Y.S.2d 930, 238 N.E.2d 330; People v. Brown, 44 A.D.2d 769, 354 N.Y.S.2d 263). During the summation, the prosecutor stated, with reference to the defendant, "I submit to you that the lie in this case, ......
-
People v. Armioia
...21 N.Y.2d 1011, 1012, 290 N.Y.S.2d 930, 238 N.E.2d 330; see People v. Murchinson, 63 A.D.2d 655, 404 N.Y.S.2d 648; People v. Brown, 44 A.D.2d 769, 354 N.Y.S.2d 263). Accordingly, a hearing is directed to determine whether the defendant's alleged confession was voluntarily obtained by the ...
-
People v. Grover
...As the District Attorney acknowledges, the trial court improperly denied defendant's request for a Huntley hearing (People v. Brown, 44 A.D.2d 769, 354 N.Y.S.2d 263; see also, People v. Murchinson, 63 A.D.2d 655, 404 N.Y.S.2d 648). While defendant argues that he was incapable of validly wai......