People v. Lathan
| Decision Date | 06 December 1962 |
| Citation | 187 N.E.2d 359,12 N.Y.2d 822,236 N.Y.S.2d 345 |
| Parties | , 187 N.E.2d 359 The PEOPLE, etc., Respondent, v. Caswell LATHAN, Jr., Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department.
The defendant was indicted for murder in the first degree and was tried before a jury in the County Court, Bronx County, Eugene G. Schulz, J. The jury found the defendant guilty and recommended life sentence. The defendant appealed from the judgment. The Appellate Division affirmed. An Associate Judge of the Court of Appeals granted permission to appeal.
The defendant urged that the verdict was based upon confessions obtained under circumstances which rendered the admission into evidence of the use of the confessions upon the trial a violation of the due process clause of the Fourteenth Amendment of the United States Constitution. The defendant also urged that the verdict was based upon the theory that the alleged homicide occurred during the commission of the crime of burglary or attempted burglary, but that the evidence failed to establish the essential elements of the underlying felonies charged or that the homicide occurred in the course of the commission of such felonies.
Murray A. Gordon, New York City, for defendant-appellant.
Judgment affirmed.
All concur.
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Com. ex rel. Butler v. Rundle
...v. Del Hoyo, 19 A.D.2d 696, 240 N.Y.S.2d 941 (1963); Harris v. Texas, 370 S.W.2d 886 (Ct.Crim.App.1963); People v. Lathan, 12 N.Y.2d 822, 236 N.Y.S.2d 345, 187 N.E.2d 359 (1962), amended, 13 N.Y.2d 670, 241 N.Y.S.2d 164, 191 N.E.2d 668 (1963); Lopez v. Texas, 366 S.W.2d 587 (Ct.Crim.App.196......
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People v. Miller
...as a result of such questioning. (See People v. Weinstein, 11 N.Y.2d 1098 (230 N.Y.S.2d 721, 184 N.E.2d 312); People v. Lathan, 12 N.Y.2d 822 (236 N.Y.S.2d 345, 187 N.E.2d 359).) The reason is clear. With regard to the second crime about which the defendant is questioned, there has not yet ......
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People v. Taylor
...as a result of such questioning. (See People v. Weinstein, 11 N.Y.2d 1098, 230 N.Y.S.2d 721, 184 N.E.2d 312; People v. Lathan, 12 N.Y.2d 822, 236 N.Y.S.2d 345, 187 N.E.2d 359.) The reason is clear. With regard to the second crime about which the defendant is questioned, there has not yet be......
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United States ex rel. Lathan v. Deegan
...to the Appellate Division and the New York Court of Appeals, People v. Lathan, 15 A.D.2d 906 (1st Dept.), aff'd. 12 N.Y.2d 822, 236 N.Y.S. 2d 345, 187 N.E.2d 359 (1962), remittitur amended, 13 N.Y.2d 670, 241 N.Y.S. 2d 164, 191 N.E.2d 668 (1963), the Supreme Court of the United States reman......