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PEOPLE v. COLEMAN

20 A.D.2d 267 (1964)

The People of the State of New York, Respondent, v. Leroy V. Coleman, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 27, 1964.

Attorney(s) appearing for the Case

Stanley G. Falk for appellant.

George R. Blair, District Attorney (John M. Frysiak of counsel), for respondent.

WILLIAMS, P. J., BASTOW and HENRY, JJ., concur in Per Curiam opinion; NOONAN, J., dissents and votes to reverse and to grant a new trial in an opinion in which GOLDMAN, J., concurs.

Per Curiam.

A defendant's confession is insufficient to warrant conviction, without "additional proof that the crime charged has been committed." (Code Crim. Pro., § 395.) We find in this record such additional proof. Here there was the finding of a dead body, but there was absent "the unmistakable marks of a murder committed." (People v. Deacons, 109 N.Y. 374, 378.) But there was abundant proof of appellant's extrajudicial statements that he had...

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