People v. Jackson

CourtNew York Court of Appeals
Writing for the CourtAll concur except FROESSEL
Citation10 N.Y.2d 780,219 N.Y.S.2d 621,177 N.E.2d 59
Decision Date07 July 1961
Parties, 177 N.E.2d 59 PEOPLE, Respondent, v. Nathan JACKSON, Appellant.

Page 621

219 N.Y.S.2d 621
10 N.Y.2d 780, 177 N.E.2d 59
PEOPLE, Respondent,
v.
Nathan JACKSON, Appellant.
Court of Appeals of New York.
July 7, 1961.

Appeal from County Court, Kings County.

The defendant was convicted of murder in the first degree under Section 1044 of the Penal Law, Consol.Laws, c. 40. The County Court, Kings County, Hyman Barshay, J., rendered judgment.

The defendant appealed to the Court of Appeals, and a motion was made in the Court of Appeals for enlargement of time.

The Court of Appeals, 9 N.Y.2d 793, 215 N.Y.S.2d 505, granted motion for enlargement of time.

The defendant contended in the Court of Appeals that he was improperly and illegally convicted, and that his constitutionally guaranteed rights were violated and infringed by the improper admission of his confession into evidence, and that the failure of the County Court to instruct the jury adequately on the law pertaining to the confession was error, and that the defendant's guilt was not established beyond a reasonable doubt, and that reversible error was committed by withholding statements of witnesses and grand jury testimony from defense counsel. The People of the State of New York contended in the Court of Appeals that the defendant's guilt was established beyond a reasonable doubt and that no errors, which affected the validity of the judgment of conviction, were committed on the trial.

[10 N.Y.2d 781] Nathan Kestnbaum and Alfred Norick, New York City, for defendant-appellant.

Edward S. Silver, Brooklyn (William I. Siegel, Brooklyn, of counsel), for respondents.

Judgment of conviction affirmed.

All concur except FROESSEL, J., who dissents and votes to reverse and to order a new trial for the reasons stated in his dissenting opinion in People v. Hernandez and Ramirez, 10 N.Y.2d 774, 219 N.Y.S.2d 617, 177 N.E.2d 56.

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17 practice notes
  • United States ex rel. Jackson v. Follette, No. 527
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 23 de junho de 1972
    ...verdict was rendered as to felony murder. The conviction was affirmed by the New York Court of Appeals without opinion on July 7, 1961. 10 N.Y.2d 780, 212 N.Y.S.2d 621, 177 N.E.2d 59. A motion for reargument was denied on October 5, 1961, 10 N.Y.2d 885, 223 N.Y.S.2d 1027, 179 N.E.2d 717, bu......
  • Duncan v. State, 7 Div. 614
    • United States
    • Supreme Court of Alabama
    • 30 de junho de 1965
    ...was received[278 Ala. 164] and the jury, under proper instruction, determined the question. After losing his appeal (People v. Jackson, 10 N.Y.2d 780, 219 N.Y.S.2d 621, 177 N.E.2d 59; amended opinion, 10 N.Y.2d 816, 221 N.Y.S.2d 521, 178 N.E.2d 234; cert. denied, 368 U.S. 949, 82 S.Ct. 390,......
  • Com. ex rel. Butler v. Rundle
    • United States
    • United States State Supreme Court of Pennsylvania
    • 12 de janeiro de 1965
    ...of the conviction, Jackson must have been convicted in late 1960 or early 1961. The New York Court of Appeals affirmed his conviction. 10 N.Y.2d 780, 219 N.Y.S.2d 621, 177 N.E.2d 59 (1961), amended, 10 N.Y.2d 816, 221 N.Y.S.2d 521, 178 N.E.2d 234 (1961). The Supreme Court of the [416 Pa. 32......
  • Jackson v. Denno, No. 62
    • United States
    • United States Supreme Court
    • 22 de junho de 1964
    ...to death, Miss Elliott to a prison Page 376 term. Jackson's conviction was affirmed by the New York Court of Appeals, People v. Jackson, 10 N.Y.2d 780, 219 N.Y.S.2d 621, 177 N.E.2d 59, its remittitur being amended to show that it had necessarily passed upon the voluntariness of the confessi......
  • Request a trial to view additional results
17 cases
  • United States ex rel. Jackson v. Follette, No. 527
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 23 de junho de 1972
    ...verdict was rendered as to felony murder. The conviction was affirmed by the New York Court of Appeals without opinion on July 7, 1961. 10 N.Y.2d 780, 212 N.Y.S.2d 621, 177 N.E.2d 59. A motion for reargument was denied on October 5, 1961, 10 N.Y.2d 885, 223 N.Y.S.2d 1027, 179 N.E.2d 717, bu......
  • Duncan v. State, 7 Div. 614
    • United States
    • Supreme Court of Alabama
    • 30 de junho de 1965
    ...was received[278 Ala. 164] and the jury, under proper instruction, determined the question. After losing his appeal (People v. Jackson, 10 N.Y.2d 780, 219 N.Y.S.2d 621, 177 N.E.2d 59; amended opinion, 10 N.Y.2d 816, 221 N.Y.S.2d 521, 178 N.E.2d 234; cert. denied, 368 U.S. 949, 82 S.Ct. 390,......
  • Com. ex rel. Butler v. Rundle
    • United States
    • United States State Supreme Court of Pennsylvania
    • 12 de janeiro de 1965
    ...of the conviction, Jackson must have been convicted in late 1960 or early 1961. The New York Court of Appeals affirmed his conviction. 10 N.Y.2d 780, 219 N.Y.S.2d 621, 177 N.E.2d 59 (1961), amended, 10 N.Y.2d 816, 221 N.Y.S.2d 521, 178 N.E.2d 234 (1961). The Supreme Court of the [416 Pa. 32......
  • Jackson v. Denno, No. 62
    • United States
    • United States Supreme Court
    • 22 de junho de 1964
    ...to death, Miss Elliott to a prison Page 376 term. Jackson's conviction was affirmed by the New York Court of Appeals, People v. Jackson, 10 N.Y.2d 780, 219 N.Y.S.2d 621, 177 N.E.2d 59, its remittitur being amended to show that it had necessarily passed upon the voluntariness of the confessi......
  • Request a trial to view additional results

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