People v. Foster

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES FOSTER, Appellant

Court: Court of Appeals of the State of New York

Date published: May 27, 1965

209 N.E.2d 123 (N.Y. 1965)

209 N.E.2d 123

261 N.Y.S.2d 83

Opinion

Argued April 22, 1965

Decided May 27, 1965

Appeal from the Supreme Court, New York County, GERALD P. CULKIN, J.

Arnold E. Wallach and Leonard Kaplan for appellant.

Frank S. Hogan, District Attorney ( H. Richard Uviller and Michael R. Stack of counsel), for respondent.

Judgment of conviction modified to the extent of directing a hearing on the issue of the voluntariness of the confession introduced as a part of the People's case at the trial and, as so modified, affirmed. Case remitted to the Supreme Court, New York County, for such hearing ( People v. Huntley, 15 N.Y.2d 72). No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.