People v. Rensing

Decision Date30 November 1967
Citation20 N.Y.2d 936,233 N.E.2d 459,286 N.Y.S.2d 481
Parties, 233 N.E.2d 459 The PEOPLE of the State of New York, Respondent, v. Lawrence RENSING, Appellant.
CourtNew York Court of Appeals Court of Appeals

Abraham H. Brodsky and Myron Beldock, New York City, for appellant.

Aaron E. Koota, Dist. Atty. (Stanley M. Meyer, Brooklyn, of counsel), for respondent.

PER CURIAM.

In People v. Huntley, 15 N.Y.2d 72, 255 N.Y.S.2d 838, 204 N.E.2d 179, this court explicitly held--and we adhere to that holding--that, when a defendant raises an issue as to the voluntariness of his confession, trial courts are to follow 'the so-called Massachusetts procedure * * * 'under which the jury passes on voluntariness only after the judge has fully and independently resolved the issue against the accused' and has made express findings upon the disputed fact question of voluntariness' (p. 78, 255 N.Y.S.2d p. 843, 204 N.E.2d p. 183). In the present case, the Trial Judge adopted the orthodox ruling, in which the court alone and finally resolves the question of voluntariness. However, since the trial was conducted and concluded before Huntley was decided, and after the Supreme Court, in Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908, had indicated that the orthodox rule satisfies due process requirements (pp. 378--379, 84 S.Ct. 1774), we will not stamp as error the Trial Judge's application of that rule, particularly since counsel for the defense acquisced in the procedure followed.

We have considered the other contentions advanced by the defendant and find them without merit.

The judgment appealed from should be affirmed.

FULD, C.J., and VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING, JJ., concur.

BREITEL, J., concurs in result.

Judgment affirmed.

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5 cases
  • People v. Kaiser
    • United States
    • New York Court of Appeals
    • December 7, 1967
    ...337, 274 N.Y.S.2d 886, 221 N.E.2d 550; People v. DeRenzzio, 19 N.Y.2d 45, 277 N.Y.S.2d 668, 224 N.E.2d 97; People v. Rensing, 20 N.Y.2d 936, 286 N.Y.S.2d 481, 233 N.E.2d 459; Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882; Stovall v. Denno, 388 U.S. 293, 87 S.Ct......
  • People v. Cesare
    • United States
    • New York Supreme Court Appellate Division
    • July 22, 1968
    ...252, 287 N.Y.S.2d 371, 234 N.E.2d 423; People v. Donohue, 21 N.Y.2d 655, 287 N.Y.S.2d 88, 234 N.E.2d 251; People v. Rensing, 20 N.Y.2d 936, 286 N.Y.S.2d 481, 233 N.E.2d 459; People v. Watts, 29 A.D.2d 878, 289 N.Y.S.2d 928; People v. Baksys, 26 A.D.2d 648, 272 N.Y.S.2d 488; cf. People v. Mi......
  • People v. Vella
    • United States
    • New York Court of Appeals
    • December 29, 1967
    ...instructed them that they need only consider and decide whether the confession was true or false. (See, e.g., People v. Rensing, 20 N.Y.2d 936, 286 N.Y.S.2d 481, 233 N.E.2d 459; People v. Huntley, 15 N.Y.2d 72, 77--78, 255 N.Y.S.2d 838, 204 N.E.2d 179; People v. Barbato, 254 N.Y. 170, 172--......
  • People v. Watts
    • United States
    • New York Supreme Court Appellate Division
    • March 11, 1968
    ...Thus, People v. Mials, 27 A.D.2d 944, 278 N.Y.S.2d 1020, and People v. Rensing, 27 A.D.2d 838, 277 N.Y.S.2d 766, affd. 20 N.Y.2d 936, 286 N.Y.S.2d 481, 233 N.E.2d 459, are clearly BELDOCK, P.J., and CHRIST, BRENNAN, BENJAMIN and MUNDER, JJ., concur. ...
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