Majority
p. 686The People of the State of New York, Respondent, v. Morris Malinski and Sidney Rudish, Appellants. Submitted May 15, 1944; decided May 18, 1944.
“ Questions under tbe constitution of tbe United States were presented and necessarily passed upon.
“ Tbe defendant Rudish contended that tbe admission of tbe confession of bis co-defendant Malinski in evidence against Malinski was a denial to tbe defendant Rudish of due process under tbe Fourteenth Amendment to tbe constitution of tbe United States.
“ Tbe defendant Malinski contended that tbe admission’ in evidence of bis alleged confession and bis identification of tbe ‘ murder car ’ and bis description of tbe events at tbe scene of tbe murder violated bis rights under tbe Fourteenth Amendment to tbe constitution of tbe United States.
“ This court held that tbe rights of neither defendant under tbe Fourteenth Amendment to tbe constitution of tbe United States bad been violated or denied.” (See 292 N. Y. 360 .)
Cases cited
- People v. Malinski 292 N. Y. 360 p. 686