Appellate Division of the Supreme Court of New York, 1935

People v. Holland

Appellate Division of the Supreme Court of New York · Decided May 3, 1935

244 A.D. 287; 279 N.Y.S. 372

Counsel

Robert J. Fitzsimmons of counsel [James P. Casey with him on the brief; Robert J. Fitzsimmons, attorney], for the appellant., Vincent A. Catoggio, Jr., of counsel [William Copeland Dodge, District Attorney], for the respondent.

Opinion of the Court

Per Curiam.

We are satisfied from the evidence that the defendant’s alleged oral confession to the police officer, which was essential to sustain the People’s case, was procured by violence and intimidation. Furthermore, it was error to deny the defendant’s counsel the right to examine the police officer concerning the circumstances under which the alleged confession was secured before receiving it in evidence. (People v. Rogers, 192 N. Y. 331; People v. Brasch, 193 id. 46.)

The judgment of conviction should be reversed and a new trial ordered.

Present — Martin, P. J., Merrell, McAvoy, O’Malley and Untermyer, JJ.

Judgment reversed and a new trial ordered.

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