1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 28 N.Y.2d
  5. 28 N.Y.2d 826 (1971)
 

PEOPLE v. WHITMORE

28 N.Y.2d 826 (1971)

The People of the State of New York, Respondent, v. George Whitmore, Jr., Appellant.

Court of Appeals of the State of New York.

Reargued April 13, 1971.

Decided April 21, 1971.

Attorney(s) appearing for the Case

Myron Beldock and Arthur H. Miller for appellant.

Eugene Gold, District Attorney (Aaron Nussbaum of counsel), for respondent.

Concur: Judges BURKE, SCILEPPI, BERGAN, and GIBSON. Judge BREITEL dissents and votes to reverse and dismiss the indictment in the following opinion in which Chief Judge FULD and Judge JASEN concur.

Judgment affirmed.

BREITEL, J. (dissenting).

Defendant may be innocent of this crime as he was of the other crimes to which he falsely confessed in detail. The issue, therefore, is not one of technical or procedural matters affecting one justly punishable, but not justly punished because of real or fancied procedural unfairness (see Friendly, Is Innocence Relevant? Collateral Attack on Criminal Judgments, 38 Chi. L. Rev. 142). The conviction then...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases