(Download) "People State New York v. Nathan Jackson" by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Nathan Jackson
- Author : Court of Appeals of New York
- Release Date : January 31, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Nathan Jackson was indicted, in 1960, for first degree murder for the killing of Patrolman William J. Ramos. At Jackson's first trial, in the former Kings County Court, the prosecution presented evidence both as to premeditated and deliberate murder (Penal Law, § 1044, subd. 1) and felony murder (former Penal Law, § 1044, subd. 2). The jury was instructed as to defendant's potential liability for each. The jury specifically found defendant guilty of common-law murder in the first degree but was silent as to felony murder. This court affirmed the conviction without opinion (10 N.Y.2d 780 [1961]). The United States Supreme Court denied certiorari (368 U.S. 949 [1961]). Thereafter defendant initiated a Federal habeas corpus proceeding in which, ultimately, the United States Supreme Court found that the procedure used by the New York trial court for determining the voluntariness of a confession introduced into evidence against appellant was defective under the Fourteenth Amendment of the United States Constitution. The United States Supreme Court ordered that the State accord Jackson a hearing by a Judge without jury as to the voluntariness of his confession; or accord him a new trial; or release him (Jackson v. Denno, 378 U.S. 368 [1964]). The District Attorney chose to retry defendant, and thereupon this court, with consent of counsel, granted defendant's motion to amend the remittitur so as to vacate the judgment of this court and remand the matter for a new trial (15 N.Y.2d 851 [1965]).
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