Kelley v. Larkin

SUMMARY ORDER

After a jury trial in New York state court, petitioner-appellant Ben Kelley was convicted of second-degree felony murder under New York Penal Law § 125.25(3), arising from his participation in an armed robbery of a Radio Shack in Oakdale, New York. The evidence against him included a confession obtained after police arrested and held him for approximately fifteen hours, during which time he was taken to the hospital for evaluation of injuries he sustained during the arrest. Before trial, Kelley sought, unsuccessfully, to suppress the confession on the ground that it was given…