Majority
p. 848The People of the State of New York, Respondent, v. Clarence Trammell, Appellant. Argued November 18,1968; decided January 9, 1969.
p. 849
Michael N. Rosen for appellant.
Burton B. Roberts, District Attorney (Daniel J. Sullivan of counsel), for respondent.
Judgment affirmed. However, we do not condone the conduct of the prosecutor at the trial. No opinion.
Concur: Judges Scileppx, Bergan, Keating, Breitel and Jasen. Chief Judge Pule and Judge Burke dissent and vote to reverse on the ground that, in view of the conceded and unexplained injuries to defendant at the time of his arraignment, the evidence adduced at the Huntley hearing “ ‘ did not ’ as the court observed in People v. Leonti ( 18 N Y 2d 384 , 389), “ ‘ as a matter of law, come up to the standard which the law requires in quantity and quality to warrant’ the finding” that the confession had been voluntarily given.
Cases cited
- People v. Leonti 18 N Y 2d 384 at 389 p. 849