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PEOPLE STATE NEW YORK v. ROBERT BURD (05/15/68)

COURT OF APPEALS OF NEW YORK 1968.NY.41630 <http://www.versuslaw.com>; 238 N.E.2d 746; 22 N.Y.2d 653 decided: May 15, 1968. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.ROBERT BURD, DEFENDANT, AND JOHN W. HOCKING, APPELLANT People v. Hocking, 25 A.D.2d 498, reversed. Herman Schwartz for appellant. Michael F. Dillon, District Attorney (Thomas P. Flaherty of counsel), for respondent. Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating and Breitel. Judge Jasen dissents and votes to affirm.


People v. Hocking, Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating and Breitel. Judge Jasen dissents and votes to affirm.

 Upon further reargument: Judgment, as amended, reversed and a new trial ordered in a memorandum: Upon this reargument we adhere to our earlier determination that defendant's confession was proven to be voluntary beyond a reasonable doubt (18 N.Y.2d 832). Nevertheless, since his co-defendant's involuntary confession, which implicated him, was admitted at their joint trial, defendant Hocking should, as a matter of fair procedure, receive a new trial with defendant Burd's confession excluded (People v. Cender, 18 N.Y.2d 610; People v. Morgan, 17 N.Y.2d 696; People v. Donovan, 13 N.Y.2d 148; People v. Rodriguez, 11 N.Y.2d 279; People v. Noble, 9 N.Y.2d 571; People v. Waterman, 9 N.Y.2d 561; People v. Bonino, 1 N.Y.2d 752; People v. Rudish, 294 N. Y. 500).

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