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People ex Rel. Carabello v. Johnston

Appellate Division of the Supreme Court of New York, Third Department
Jun 21, 1962
16 A.D.2d 994 (N.Y. App. Div. 1962)

Opinion

June 21, 1962

Present — Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ.


This is an appeal from an order denying appellant's petition for a writ of habeas corpus on the ground that the matters contained therein had already been decided by the Appellate Division upon appeal. ( 14 A.D.2d 778.) The petitioner seeks relief upon the theory that his confession, used against him on his original trial, was obtained from him by "physical and mental torture". However, it appears from the papers on appeal and petitioner's brief that he was on trial for murder in the first degree and during the trial pleaded guilty to manslaughter. Accordingly, the allegedly coerced confession has no bearing upon his conviction and the order of Special Term should be affirmed. Order unanimously affirmed.


Summaries of

People ex Rel. Carabello v. Johnston

Appellate Division of the Supreme Court of New York, Third Department
Jun 21, 1962
16 A.D.2d 994 (N.Y. App. Div. 1962)
Case details for

People ex Rel. Carabello v. Johnston

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. RAYMOND CARABELLO, Appellant…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 21, 1962

Citations

16 A.D.2d 994 (N.Y. App. Div. 1962)