27 A.D.2d 861 | N.Y. App. Div. | 1967
Lead Opinion
The defendant appeals from a judgment of the County Court of Sullivan County which convicted him, after a trial, of murder in the second degree. The principal issue is the voluntariness of defendant’s confession; and we consider first and in some detail the police version thereof, which follows, inasmuch as the Trial Judge and the jury apparently accepted it as substantially true. Doris Anderson, with whom defendant lived, was fatally shot between the eyes, on or about April 27, 1965. The fact of her death was not known and her body was not immediately found and on May 9, 1965, defendant was questioned as to her disappearance by officer Scherpf, a "State Police investigator, at the Monticello Police Station. According to Scherpf, defendant was asked some questions concerning the disappearance
Dissenting Opinion
I cannot agree with the majority and vote to reverse and grant a new trial. When the record is viewed as a whole, there appears to be a violation of fundamental fairness in this ease which in the interests of justice calls for a new trial. Of the many allegations of error advanced by defendant, the one attacking the trial court’s holding that certain oral admissions and a written statement were voluntary — after a Huntley hearing which for various