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People v. Stephens

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1967
27 A.D.2d 945 (N.Y. App. Div. 1967)

Opinion

April 17, 1967


Appeal by defendant from a judgment of the County Court, Nassau County, rendered November 22, 1963, convicting him of robbery in the first degree and grand larceny and assault (both in the second degree), upon a jury verdict, and imposing sentence. Action remitted to the trial court for further proceedings not inconsistent herewith. Part of the People's proof consisted of a statement made by defendant after his arrest and prior to arraignment. The issue of the voluntariness of that statement was submitted by the trial court to the jury for determination together with the other issues. This procedure has been held to be in violation of a defendant's constitutional rights; defendant was entitled to a separate trial by the court alone of the issue of the voluntariness of his confession ( Jackson v. Denno, 378 U.S. 368; People v. Huntley, 15 N.Y.2d 72). Accordingly, this action is remitted to the trial court for further proceedings in accordance with People v. Huntley ( supra). The procedure prescribed in People v. Korda ( 24 A.D.2d 577) should be followed. In the interim, the pending appeal in this court will be held in abeyance. Ughetta, Acting P.J., Christ, Brennan, Benjamin and Munder, JJ., concur.


Summaries of

People v. Stephens

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1967
27 A.D.2d 945 (N.Y. App. Div. 1967)
Case details for

People v. Stephens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHANIEL STEPHENS…

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

Date published: Apr 17, 1967

Citations

27 A.D.2d 945 (N.Y. App. Div. 1967)

Citing Cases

People v. Stephens

June 23, 1969 Appeals by defendant from (1) a judgment of the County Court, Nassau County, rendered November…