People v. Wade

• Decision Date: 20 July 1943
• Citation: 291 N.Y. 574,50 N.E.2d 660
• Parties: PEOPLE, Respondent, v. William WADE, Appellant.
• Court: New York Court of Appeals Court of Appeals

291 N.Y. 574

50 N.E.2d 660

PEOPLE, Respondent,

v.William WADE, Appellant.

Court of Appeals of New York.

July 20, 1943.

Appeal from Supreme Court, Appellate Division, Second Department, 265 App.Div. 867, 38 N.Y.S.2d 369.

William Wade and others were convicted of murder in the first degree. William Wade was sentenced to life imprisonment. The theory of the prosecution resulting in the conviction of Wade was that he and others assisted convicts to escape from Sing Sing Prison in course of which escape a guard was killed. William Wade made a confession. The chief contention of the defendant was that the confession was obtained by means of beatings and threats.

The Appellate Division, 265 App.Div. 867, 38 N.Y.S.2d 369, affirmed the judgment of conviction and on appeal a reversal was sought on the grounds that the trial court should have rejected the alleged confession as a matter of law, that the defendant was deprived of his constitutional rights when he was cross examined by the District Attorney and that the court should have directed an acquittal for lack of proof in corroboration of the confession as required by section 395 of the Code of Criminal Procedure and also on the ground that the conduct of the district attorney was prejudicial.

Judgment affirmed. Joseph F. Kosman and Charles Forster, both of New York City (Harry Geist and David Scher, both of New York City, of counsel), for appellant.

Elbert T. Gallagher, of White Plains (John J. Dillon, of White Plains, of counsel), for respondent.

PER CURIAM.

Judgment affirmed.

All concur.