People v. Hovnanian
| Decision Date | 05 October 1964 |
| Citation | 253 N.Y.S.2d 241,22 A.D.2d 686 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Aram HOVNANIAN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Before BELDOCK, P. J., and UGHETTA, CHRIST, HILL and HOPKINS, JJ.
MEMORANDUM BY THE COURT.
Motion by appellant for reargument of appeal.
On May 21, 1962 this court rendered its decision upon appellant's appeal (People v. Hovnanian, 16 A.D.2d 818, 228 N.Y.S.2d 771; lv app. to Ct. of Appeals den. Fuld, J., October 26, 1962; cert. den. by Supreme Court of the United States, 373 U.S. 939, 83 S.Ct. 1544, 10 L.Ed.2d 694, May 27, 1963). By its decision this court affirmed a judgment of the County Court, Nassau County, rendered August 14, 1958 after a jury trial, convicting appellant of manslaughter in the first degree and sentencing him as a second felony offender to serve a term of ten to twenty years.
It appears from the record that the appellant's conviction was based in part upon his statements to the police and to the District Attorney, but that the voluntariness of such statements was neither contested nor in any way involved.
Now, more than two years after our determination, appellant moves for reargument on the basis of two recent decisions rendered June 22, 1964 by the Supreme Court of the United States (Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 1785-1791, 12 L.Ed.2d 908; Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977).
In Jackson, the court overruled its own prior Stein decision (Stein v. New York, 346 U.S. 156, 73 S.Ct. 1077, 97 L.Ed. 1522). Stein sanctioned the validity of the procedure whereby the jury, at the same time that it determined the substantive issue of defendant's guilt upon the crime charged, also determined the preliminary issue of voluntariness raised by a defendant with respect to the confession or statement when it was sought to be introduced in evidence. In Jackson (pp. 394, 395, 84 S.Ct. 1790, 1791), however, the court declared this procedure to be constitutionally invalid, and held: (1) that where, during the trial, the voluntariness of a confession had been contested, then the issue as to such voluntariness should not have been presented to or 'decided by the convicting jury' but, instead, 'should have been determined in a proceeding separate and apart from the body trying guilt or innocence;' and (2) that 'It is both practical and desirable that in cases ot be tried hereafter a proper determination...
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