PEOPLE v. MALLOY


22 N.Y.2d 559 (1968)

The People of the State of New York, Respondent, v. John Joseph Malloy, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1968.


Attorney(s) appearing for the Case

Henry R. Barrett for appellant.

Leonard Rubenfeld, District Attorney (James J. Duggan of counsel), for respondent.

Chief Judge FULD and Judges BURKE and KEATING concur with Judge BREITEL; Judge SCILEPPI dissents and votes to affirm in a separate opinion in which Judges BERGAN and JASEN concur.


BREITEL, J.

Defendant appeals from a conviction for robbery in the second degree and related crimes and a sentence to State prison for 15 to 20 years. Following a posttrial hearing on the voluntariness of his confessions, obtained in a proceeding brought by defendant in the nature of a writ of error coram nobis, the trial court held that the statements were voluntary. The Appellate Division affirmed the...

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