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People v. Draper

304 N.Y. 799 Court N.Y. Decision date 1952-11-20 English

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p. 799
The People of the State of New York, Respondent, v. William H. Draper, Appellant.
Argued October 14, 1952;
decided November 20, 1952.
p. 800
Herbert W. Lacy and Leon Katzen for appellant.
Clarence J. Henry, District Attorney, for respondent.

Judgment of conviction affirmed; no opinion.

Concur: Lewis, Conway, Desmond, Dye and Fuld, JJ. Loitghban, Ch. J., and Fboessel, J., dissent and vote to order a new trial in the following memorandum: The defendant’s constitutional protection against compulsory self incrimination was invaded when the trial prosecutor commented adversely and at length upon the defendant’s refusal to take a truth serum test (see People v. Forte, 277 N. Y. 440 ; 8 Wigmore on Evidence [3d ed.], §§ 2272-2273). The further comment of the District Attorney to the jury that they should not be misled by any idea that this defendant, who pleaded insanity, may be confined permanently to a hospital, thus suggesting that he might be released, was also improper. [See 304 N. Y. 881 .]

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