Hyperlawhypertext legal database People v. Scamacco 25 A.D.2d 610

← Cases

People v. Scamacco

25 A.D.2d 610 Court N.Y. App. Div. Decision date 1966-02-24 English

Judges Present — Williams, P. J., Goldman, Henry, Del Vecehio and Marsh, JJ.

Contents

Majority

p. 610
The People of the State of New York, Respondent, v. Frank P. Scamacco, Appellant.

Judgment unanimously reversed on the law and facts and a new trial granted in accordance with the Memorandum. Memorandum : In the light of all of the circumstances shown in the record surrounding the taking of the defendant’s oral and written statements a finding of voluntariness inherent in the determination of the court is against the weight of the evidence. Upon the new trial the procedures outlined in People v. Huntley ( 15 N Y 2d 72 ) should be followed. (Appeal from judgment of Erie County Court adjudging defendant guilty as youthful offender.)

Present — Williams, P. J., Goldman, Henry, Del Vecehio and Marsh, JJ.

Cases cited