PEOPLE v. FOLEY


8 N.Y.2d 153 (1960)

The People of the State of New York, Respondent, v. Robert John Foley, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1960.


Attorney(s) appearing for the Case

Cornelius J. Carey and Harold W. Main for appellant.

Henry A. Fischer, Jr., District Attorney, for respondent.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.


Per Curiam.

Whether or not the use at the trial of the confession sworn to before the Justice of the Peace was "testimonial compulsion" in the strict sense, its introduction in evidence in a capital case was under all the circumstances so contrary to our concepts of proper trial practice that a new trial is required. There is serious danger that prejudice resulted from the erroneous reception of this evidence. The jury...

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