PEOPLE v. GRAHAM


27 A.D.2d 203 (1967)

The People of the State of New York, Appellant, v. Burton C. Graham, Respondent

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

March 15, 1967.


Attorney(s) appearing for the Case

Paul H. McCabe, District Attorney, for appellant.

Philip C. Learned for respondent.

GIBSON, P. J., HERLIHY, REYNOLDS, AULISI and GABRIELLI, JJ., concur in opinion per GIBSON, P. J.


GIBSON, P. J.

This is an appeal by the People from an order of the Supreme Court at Special Term which, after a Huntley hearing directed upon a coram nobis application, (1) found that a written statement made by defendant and received in evidence upon his trial had not been proven beyond a reasonable doubt to have been voluntarily given, and (2) ordered a new trial. A judgment of conviction of murder in the second degree had previously been...

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