People v. Bloeth

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS HENRY BLOETH…

Court: Court of Appeals of the State of New York

Date published: Apr 22, 1965

16 N.Y.2d 505 (N.Y. 1965)

260 N.Y.S.2d 446

208 N.E.2d 177

Opinion

Argued February 10, 1965

Decided April 22, 1965

Appeal from the Supreme Court, New York County, GEORGE M. CARNEY, J.

Richard C. Cahn and George C. Pratt for appellant.

Bernard C. Smith, District Attorney ( Charles T. Matthews of counsel), for respondent.

Judgment of conviction modified to the extent of reversing and dismissing the felony murder count ( People v. Dowling, 84 N.Y. 478; People v. Migliori, 271 App. Div. 798) and to the extent of directing a hearing on the issue of voluntariness of the confession introduced as part of the People's case at the trial and, as so modified, affirmed. Case remitted to Supreme Court for New York County for such hearing ( People v. Huntley, 15 N.Y.2d 72).

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.