People v. Cerullo

The judgments of conviction herein are affirmed. Moecio’s arrest as a parole violator was proper. Therefore, his statements were properly received into evidence (cf. People v. Robinson, 13 N Y 2d 296). The failure to hold a voir dire on the voluntariness of Cerullo’s confession was not error because such a procedure was not required at the time of trial herein. There was no fatal prejudice arising out of the joint trial (Code Crim. Pro., § 542).

The cases relied on in the dissent herein (People v. Barbato, 254 N. Y. 170; People v. Valletutti, 297 N. Y. 226) contained proof of objectively…