People v. D'Iorio

• Decision Date: 05 May 1966
• Citation: 271 N.Y.S.2d 260,17 N.Y.2d 808
• Court: New York Court of Appeals Court of Appeals
• Parties: , 218 N.E.2d 306 PEOPLE, etc., Respondent, v. Joseph D'IORIO, Appellant.

Page 260

271 N.Y.S.2d 260

17 N.Y.2d 808, 218 N.E.2d 306

PEOPLE, etc., Respondent, v. Joseph D'IORIO, Appellant.

Court of Appeals of New York.

May 5, 1966.

Defendant was convicted of possession of heroin.

The Supreme Court, Kings County, entered judgment, and the defendant appealed.

The Supreme Court, Appellate Division, Second Department, 22 A.D.2d 853, 254 N.Y.S.2d 229, affirmed the judgment.

The Court of Appeals, 16 N.Y.2d 551, 260 N.Y.S.2d 660, 208 N.E.2d 465, modified the judgment to the extent of directing a hearing on the issue of the voluntariness of the confession introduced and, as so modified, affirmed, and remitted the case to the Supreme Court, Kings County, for such hearing.

The Supreme Court, Criminal Term, Kings County, 49 Misc.2d 30, 266 N.Y.S.2d 664, entered an order amending the judgment of conviction to show that the confession was involuntary and directed that the matter as so amended be returned to the Court of Appeals for further proceedings.

Motion for an order of reversal granted and matter remitted to the Supreme Court, Kings County, for further proceedings. In May, 1965 the Court of Appeals modified the judgment of conviction herein to the extent of granting defendant a Huntley hearing and, in all other respects, if affirmed (People v. D'Iorio, 16 N.Y.2d 551, 260 N.Y.S.2d 660, 208 N.E.2d 465). Since the confession introduced as part of the People's case on the trial was found to have been involuntarily made (People v. D'Iorio, 49 Misc.2d 30, 36, 266 N.Y.S.2d 664), in the interests of orderly judicial procedure, the Court of Appeals remits this case to the Supreme Court for further proceedings.