People v. Boddie

Motion by the District Attorney of Queens County : (a) to have this court hold in abeyance the pending appeal by the defendant from a judgment rendered after a jury trial Convicting him of burglary and rape; and (b) to remit the action to the trial court for a separate trial de novo upon the issue of the voluntariness of defendant’s confession. The appeal is on the calendar of this court but has not yet been argued or submitted. This mlotion is made necessary because of the recent decision of the Supreme Court of the United States (Jackson v. Denno, 378 U. S. 368 ). B appears that the issue as to the voluntariness of defendant’s confession was raised at the trial and submitted to the jury. Accordingly, the motion is granted and the action is remitted to the Criminal Term, Supreme Court, Queens County, for further proceedings not inconsistent herewith. A separate trial should be accorded promptly to the defendant upon the issue of the voluntariness of his confession. -Such trial should be held de novo before the court alone, without a jury. At the conclusion of the trial, the Justice presiding shall render promptly Ms decision setting forth specifically his findings upon the issue. The decision should be based exclusively on the evidence adduced upon such trial. The trial should also be conducted in accordance with such further or different procedures and requirements as may be pre-^