The People of the State of New York, Respondent,
v.
Robert Burd, Defendant, and John W. Hocking, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 31, 1966.
Reargued September 21, 1966.
Decided October 27, 1966.
Attorney(s) appearing for the Case
Robert Schaus for appellant.
Michael F. Dillon, District Attorney (Arthur G. Baumeister of counsel), for respondent.
Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Barry Mahoney of counsel), amicus curiæ.
Leonard Rubenfeld, District Attorney (Benj. J. Jacobson, James J. Duggan and Francis J. Valentino of counsel), for New York District Attorneys Association, amicus curiæ.
Isidore Dollinger, District Attorney of Bronx County (Roy Broudny and Peter R. De Filippi of counsel), amicus curiæ.
Judges VAN VOORHIS, SCILEPPI, BERGAN and KEATING concur in Memorandum; Chief Judge DESMOND dissents in an opinion in which Judge BURKE concurs only as to denial of appellant's right to the assistance of counsel; Judge FULD dissents solely on the dissenting opinion in People v. McQueen (), decided herewith.
Court of Appeals of the State of New York.
MEMORANDUM.
The record fully substantiates the finding that the appellant's confession was voluntary. We said, in our earlier decision in this case (People v. Hocking, 15 N.Y.2d 973), that certain facts alluded to in the dissent herein (e.g., the age of the appellant; the appearance of appellant's father at the station house) were to be considered on the limited issue of voluntariness...
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