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People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 26, 1967
28 A.D.2d 1080 (N.Y. App. Div. 1967)

Opinion

October 26, 1967

Appeal from the Onondaga County Court.

Present — Williams, P.J., Bastow, Henry and Marsh, JJ.


Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: Following a hearing upon the petition of the defendants in a coram nobis proceeding pursuant to People v. Huntley ( 15 N.Y.2d 72) the court found the oral admissions and written confessions in issue to be voluntary without a specification of finding of voluntariness beyond a reasonable doubt. It appears that in a preliminary determination by memorandum dated January 4, 1966, the hearing Judge held that "the burden is upon the defendants to initially establish their contentions and thereafter the ultimate burden of establishing that the confessions are voluntary beyond a reasonable doubt will rest on the People". To the extent that the court imposed a burden on the defendants to establish their contentions it was in error. The matter is remitted to the County Court solely for a decision upon the testimony presented at the hearing as to whether the People have proven voluntariness beyond a reasonable doubt.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 26, 1967
28 A.D.2d 1080 (N.Y. App. Div. 1967)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES WILLIAMS and…

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

Date published: Oct 26, 1967

Citations

28 A.D.2d 1080 (N.Y. App. Div. 1967)

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