PEOPLE v. ORTIZ


32 A.D.2d 747 (1969)

The People of the State of New York, Respondent, v. Ruben Ortiz, Appellant The People of the State of New York, Respondent, v. Jesus Negron, Appellant

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

June 3, 1969


Judgments convicting defendants, after trial before court and jury, of murder in the first degree, affirmed.

Although it was error for the court to charge the jury that the failure to advise the defendants as to their rights had no bearing upon the issue of the voluntariness of their confessions, the error was harmless in the circumstances of this case. This was a pre-Miranda trial and, considering the "totality of the circumstances", it is clear that the confessions...

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