People v. Casiano

Gibbons, J.,

dissents and votes to reverse the judgment and order a new trial, with the following memorandum. I cannot concur in the result reached by my colleagues. Defendant was entitled to a jury trial on the issue of voluntariness, and the trial court was bound to " 'submit such issue to the jury under instructions to disregard such evidence upon a finding that the [defendant’s] statement was involuntarily made’ ” (People v Graham, 55 NY2d 144, 147; CPL 710.70 [3]; 60.45; People v Huntley, 15 NY2d 72, 78; People v Ruffino, 110 AD2d 198). The Trial Judge effectively removed the issue from…