People v. Jenkins

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MACK JENKINS, Appellant

Court: Court of Appeals of the State of New York

Date published: Jul 9, 1965

209 N.E.2d 731 (N.Y. 1965)

209 N.E.2d 731

262 N.Y.S.2d 117

Opinion

Argued June 7, 1965

Decided July 9, 1965

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MITCHELL D. SCHWEITZER, J.

Frank S. Polestino for appellant.

Frank S. Hogan, District Attorney ( Robert B. Sperling and H. Richard Uviller of counsel), for respondent.

Judgment 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).

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