People v. McQueen

Citation24 A.D.2d 499,261 N.Y.S.2d 313
PartiesThe PEOPLE of the State of New York, Respondent, v. Charlie Mae McQUEEN, Appellant.
Decision Date21 June 1965
CourtNew York Supreme Court Appellate Division

William Cahn, Dist. Atty., Mineola, for respondent People, Henry P. DeVine, Martin I. Silberg, Mineola, of counsel.

Leo F. McGinity, Mineola, for appellant.

Before UGHETTA, Acting P. J., and BRENNAN, RABIN, HOPKINS and BENJAMIN, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the County Court, Nassau County, rendered January 29, 1965 after a jury trial, convicting her of murder in the second degree and sentencing her to serve a term of 20 years to life.

Judgment affirmed.

In our opinion, under the circumstances here, namely: (1) the defendant's failure to object to the admission of her confessions on the ground that they had been involuntarily made, and (2) the absence from the trial court's charge of any instruction concerning the issue of the voluntariness of defendant's confessions, a Jackson-Denno hearing to determine such issue is not required to be held (People v. Huntley, 15 N.Y.2d 72, 77, 255 N.Y.S.2d 838, 842, 204 N.E.2d 179, 182; Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908).

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1 cases
  • People v. McQueen
    • United States
    • New York Court of Appeals Court of Appeals
    • October 27, 1966
    ...ruling that appellant's confessions should have been excluded as involuntary. In affirming, the Appellate Division said (24 A.D.2d 499, 261 N.Y.S.2d 313): 'In our opinion, under the circumstances here, namely: (1) the defendant's failure to object to the admission of her confessions on the ......

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