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PEOPLE STATE NEW YORK v. CLARENCE TRAMMELL (01/09/69)

COURT OF APPEALS OF NEW YORK 1969.NY.40077 <http://www.versuslaw.com>; 245 N.E.2d 727; 23 N.Y.2d 848 decided: January 9, 1969. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.CLARENCE TRAMMELL, APPELLANT People v. Trammell, 29 A.D.2d 631, affirmed. Michael N. Rosen for appellant. Burton B. Roberts, District Attorney (Daniel J. Sullivan of counsel), for respondent. Concur: Judges Scileppi, Bergan, Keating, Breitel and Jasen. Chief Judge Fuld and Judge Burke dissent.


People v. Trammell, Concur: Judges Scileppi, Bergan, Keating, Breitel and Jasen. Chief Judge Fuld and Judge Burke dissent.

 However, we do not condone the conduct of the prosecutor at the trial. No opinion. Chief Judge Fuld 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.

Disposition

Judgment affirmed.

19690109

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