Appellate Division of the Supreme Court of New York, 1970

People v. Ruppert

People v. Ruppert
Appellate Division of the Supreme Court of New York · Decided December 30, 1970
35 A.D.2d 1017; 318 N.Y.S.2d 32; 1970 N.Y. App. Div. LEXIS 3008
People v. Ruppert

Opinion of the Court

*1019Munder, Acting P. J., Kleinfeld and Benjamin, JJ., concur; Martuscello, J., dissents and votes to hold the appeal in abeyance pending a remand to the court below with a direction that it make its own independent findings as to whether the confession was tainted by the previous admissions to the police. It appears that the County Court erroneously determined that the Court of Appeals had indicated that there should he a finding that the admissions were tainted. Brennan, J., dissents and votes to affirm the orders.

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