PEOPLE v. LELAND, 26 N.Y.2d 920 (1970)

310 N.Y.S.2d 103, 258 N.E.2d 400

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN LELAND, Appellant.

Court of Appeals of the State of New York.Argued February 25, 1970
Decided April 9, 1970

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CHARLES MARKS, J.

Michael Schwartz and Milton Adler for appellant.

Frank S. Hogan, District Attorney (Lewis R. Friedman an Michael R. Juviler of counsel), for respondent.

Order affirmed, without prejudice to defendant’s instituting a new proceeding, if he be so advised, specifically alleging that his confession was used against him at trial and that the issue

Page 921

of voluntariness was then properly raised, upon which allegations he would be entitled to a hearing under People v. Huntley
(15 N.Y.2d 72). No opinion.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

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