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People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
May 19, 1966
25 A.D.2d 945 (N.Y. App. Div. 1966)

Opinion

May 19, 1966

Appeal from the Erie County Court.

Present — Bastow, J.P., Goldman, Henry, Del Vecchio and Marsh, JJ.


Determination of this appeal withheld and case remitted to Erie County Court for a hearing and determination in accordance with memorandum. Memorandum: The defendant signed three inculpatory statements; the first statement was received in evidence without objection, but the second and third statement were received over the objections of counsel. The court submitted the issue of voluntariness of all three statements to the jury. For these reasons the matter must be remitted to Erie County Court for a hearing and determination of the question of the voluntariness of each statement in accordance with the procedures outlined in People v. Huntley ( 15 N.Y.2d 72). If the defendant is so advised, he shall have the right to raise the issue as to whether or not any of such statements were made after an information had been filed and therefore might be inadmissible. (Cf. People v. Bodie, 16 N.Y.2d 275; People v. Santmyer, 20 A.D.2d 960.)


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
May 19, 1966
25 A.D.2d 945 (N.Y. App. Div. 1966)
Case details for

People v. Williams

Case Details

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

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

Date published: May 19, 1966

Citations

25 A.D.2d 945 (N.Y. App. Div. 1966)