Opinion
Argued November 18, 1968
Decided January 9, 1969
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EMILIO NUNEZ, J.
Michael N. Rosen for appellant.
Burton B. Roberts, District Attorney ( Daniel J. Sullivan of counsel), for respondent.
Judgment affirmed. However, we do not condone the conduct of the prosecutor at the trial. No opinion.
Concur: Judges SCILEPPI, BERGAN, KEATING, BREITEL and JASEN. Chief Judge FULD and Judge BURKE dissent and vote to reverse on the ground that, in view of the conceded and unexplained injuries to defendant at the time of his arraignment, the evidence adduced at the Huntley hearing "`did not'", as the court observed in People v. Leonti ( 18 N.Y.2d 384, 389), "`as a matter of law, come up to the standard which the law requires in quantity and quality to warrant' the finding" that the confession had been voluntarily given.