People v. Kelly

OPINION OF THE COURT

John P. Collins, J.

This trial has raised an issue of what precisely is a confession as opposed to an admission. One would think that this is a well-settled area of the law. A reading of the cases indicates otherwise.

The defendant in this case is charged with two felony murders and an attempted murder. The indictments were consolidated for trial.

Kelly made three pretrial statements. Two of them concern felony murders. He stated essentially, that he acted in concert *555with his brother and forcibly stole property from the two victims. It is undisputed that these two statements…