People v. Burd

Upon further reargument: Judgment, as amended, reversed and a new trial ordered in a memorandum: Upon this reargument we adhere to our earlier determination that defendant’s confession was proven to be voluntary beyond a reasonable doubt (18 N Y 2d 832). Nevertheless, since his codefendant’s involuntary confession, which implicated him, was admitted at their joint trial, defendant Hocking should, as a matter of fair procedure, receive a new trial with defendant Burd’s confession excluded (People v. Cender, 18 N Y 2d 610; People v. Morgan, 17 N Y 2d 696; People v. Donovan, 13 N Y 2d 148;…