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People v. Hocking

Court of Appeals of the State of New York
Apr 15, 1965
207 N.E.2d 529 (N.Y. 1965)

Opinion

Argued March 16, 1965

Decided April 15, 1965

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, WILLIAM H. MUNSON, J.

Robert Schaus for appellant.

Michael F. Dillon, District Attorney ( Arthur G. Baumeister of counsel), for respondent.


The fact that the police refused a request by the defendant's father to see and speak with the defendant during the period he was being questioned by the police at the station house, while not in and of itself sufficient reason or basis for excluding the defendant's confession, may, of course, upon the hearing which we are directing, be considered, along with all the other circumstances of the interrogation, in passing upon the voluntariness of the defendant's statements.

The judgment should be modified to the extent of directing a hearing on the issue of the voluntariness of the defendant's confession or other inculpatory statements introduced as part of the People's case at the trial and, as so modified, affirmed. The case should be remitted to the Supreme Court, Erie County, for such a hearing. (See People v. Huntley, 15 N.Y.2d 72.)

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

Judgment modified in accordance with the opinion herein and, as so modified, affirmed.


Summaries of

People v. Hocking

Court of Appeals of the State of New York
Apr 15, 1965
207 N.E.2d 529 (N.Y. 1965)
Case details for

People v. Hocking

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN W. HOCKING…

Court:Court of Appeals of the State of New York

Date published: Apr 15, 1965

Citations

207 N.E.2d 529 (N.Y. 1965)
207 N.E.2d 529
259 N.Y.S.2d 859

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