People v. Dash
| Decision Date | 22 April 1965 |
| Parties | , 208 N.E.2d 171 The PEOPLE of the State of New York, Respondent, v. Foster DASH, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Kalman Finkel and Anthony F. Marra, New York City, for appellant.
Isidore Dollinger, Dist. Atty. (Irving Anolik, New York City, of counsel), for respondent.
We hold that nothing in Jackson v. Denno (378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908) or People v. Huntley (15 N.Y.2d 72, 255 N.Y.S.2d 838, 204 N.E.2d 179) requires this court to overrule our decision in People v. Nicholson (11 N.Y.2d 1067, 230 N.Y.S.2d 220, 184 N.E.2d 190) whose holding and reasoning we now approve. (See People v. Rogers, 15 N.Y.2d 690, 256 N.Y.S.2d 136, 204 N.E.2d 334.) The defendant, therefore, is not now entitled to a hearing before the trial court on the issue of the voluntariness of his confession. Nor has any argument been advanced to justify or warrant any change or modification of our conclusion, in People v. Howard (12 N.Y.2d 65, 68-69, 236 N.Y.S.2d 39, 42, 43, 187 N.E.2d 113, 115, 116), that retroactive effect is not to be accorded to decisions of this court respecting right to counsel. (See, also, People v. Rogers, 15 N.Y.2d 690, 256 N.Y.S.2d 136, 204 N.E.2d 334, supra.)
We also hold that the defendant has not presented a triable issue on the question of coercion.
The orders appealed from should be affirmed.
Orders affirmed.
To continue reading
Request your trial
-
Mann v. Richardson
...Division of the New York Supreme Court, People v. Dash, 21 A.D.2d 978, 252 N.Y.S.2d 1016 (1964), aff'd mem., 16 N.Y.2d 493, 260 N.Y.S.2d 437, 208 N.E.2d 171 (1965). 5. The denial of relief was affirmed without opinion by the Appellate Division of the New York Supreme Court, People v. Richar......
-
United States ex rel. Ross v. McMann
...affirmed by the Appellate Division (People v. Dash, 21 A.D.2d 978, 252 N.Y.S.2d 1016) and by the Court of Appeals (16 N.Y.2d 493, 260 N.Y.S.2d 437, 208 N.E.2d 171 (1965)), two justices Petitioner then applied for writ of habeas corpus, alleging similar grounds, in the United States District......
-
People v. Jones
...134; People v. Cathcart, 36 A.D.2d 981, 320 N.Y.S.2d 799; People v. McDonald, 20 A.D.2d 907, 248 N.Y.S.2d 955; People v. Dash, 16 N.Y.2d 493, 260 N.Y.S.2d 437, 208 N.E.2d 171; People v. Leonard, 34 A.D.2d 865, 310 N.Y.S.2d 801; People v. Rogers, 15 N.Y.2d 690, 256 N.Y.S.2d 136, 204 N.E.2d 3......
-
People v. Ortiz
...230 N.Y.S.2d 220, 221, 184 N.E.2d 190, 191; People v. Fish, 11 N.Y.2d 1069, 230 N.Y.S.2d 222, 184 N.E.2d 191; People v. Dash, 16 N.Y.2d 493, 260 N.Y.S.2d 437, 208 N.E.2d 171; People v. De Flumer, 16 N.Y.2d 20, 261 N.Y.S.2d 42, 209 N.E.2d 93.) It cannot thereafter be remedied under an applic......