[DOWNLOAD] "People State New York v. Freddie Lee Davis" by Supreme Court of New York " eBook PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Freddie Lee Davis
• Author : Supreme Court of New York
• Release Date : January 21, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

We have construed this decision to be applicable to a pending appeal where the voluntariness of the confession was contested and was put in issue at the trial (People v. Hovnanian, 22 A.D.2d 686 [Oct. 5, 1964]). Accordingly, this appeal will be held in abeyance; and on the courts own motion the action is remitted to the County Court, Orange County, for further proceedings not inconsistent herewith. A separate trial should be accorded promptly to the defendant upon the issue of the voluntariness of his confession. Such trial should be held de novo before the court alone, without a jury. At the conclusion of the trial, the Justice presiding shall render promptly his decision setting forth specifically his findings of fact upon the issue; and such decision should be based exclusively on the evidence adduced upon such trial. The trial should also be conducted in accordance with such further or different procedures and requirements as may be prescribed by the Court of Appeals of this State in any decision rendered by it prior to the trial courts decision on the issue of voluntariness. Within 30 days after the rendition of the trial courts decision, a supplemental printed or typewritten record, consisting of the transcript of the stenographic minutes of the separate trial and of the courts decision and findings, should be filed and served by the District Attorney of Orange County. Within 20 days after such filing, the appellant shall serve and file a printed or typewritten supplemental brief; and within 15 days thereafter the District Attorney shall file and serve a supplemental brief. [If appellants brief be typewritten, six copies are required to be filed and one copy served.] Thereupon, the Clerk of this court will place the appeal on the calendar at the next succeeding term for reargument. The appeal will be decided on the basis of the original and supplemental records and briefs.

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