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PEOPLE v. DONOVAN

13 N.Y.2d 148 (1963)

The People of the State of New York, Respondent, v. Peter Donovan and Harry Mencher, Appellants.

Court of Appeals of the State of New York.

Reargued September 30, 1963.

Decided October 8, 1963.

Attorney(s) appearing for the Case

John B. Corcoran for Peter Donovan, appellant.

Nancy Carley, Frank R. Klein and Arthur Lonschein for Harry Mencher, appellant.

Frank D. O'Connor, District Attorney (Benj. J. Jacobson of counsel), for respondent.

Opinion by Judge FULD, in which Chief Judge DESMOND and Judges DYE and O'BRIEN concur, the latter in a separate opinion; Judge BURKE dissents and votes to affirm in an opinion in which Judges VAN VOORHIS and FOSTER concur in separate opinions in each of which the other concurs and in both of which Judge BURKE concurs.

FULD, J.

On this appeal by the defendants Donovan and Mencher from convictions for murder in the first degree, the only issue of consequence is the admissibility of Donovan's written confession. We are thus again confronted with the problem of achieving "a balance between the competing interests of society in the protection of cherished individual rights * * * and in effective law enforcement and investigation...

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