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PEOPLE v. LEYRA

304 N.Y. 468 (1952)

The People of the State of New York, Respondent, v. Camilo Weston Leyra, Appellant.

Court of Appeals of the State of New York.

Decided October 24, 1952

Attorney(s) appearing for the Case

Harry G. Anderson and Frederick W. Scholem for appellant.

Miles F. McDonald, District Attorney (William I. Siegel of counsel), for respondent.

LEWIS and DESMOND, JJ., concur with DYE, J.; FROESSEL, J., concurs for affirmance under the provisions of section 542 of the Code of Criminal Procedure; FULD, J., dissents in opinion in which LOUGHRAN, Ch. J., concurs; CONWAY, J., not sitting.

DYE, J.

When we reversed the prior judgment of conviction and ordered a new trial on the ground that the defendant's confession to Dr. Helfand was coerced as a matter of law, we thereby ruled it out for any further consideration on the issue of defendant's guilt (People v. Leyra, 302 N.Y. 353). By this ruling we did not invalidate the statements subsequently made by defendant...

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