People v. Draper

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM H. DRAPER…

Court: Court of Appeals of the State of New York

Date published: Nov 20, 1952

109 N.E.2d 342 (N.Y. 1952)

109 N.E.2d 342

Opinion

Argued October 14, 1952

Decided November 20, 1952

Appeal from the Monroe County Court, O'MARA, J.

Herbert W. Lacy and Leon Katzen for appellant.

Clarence J. Henry, District Attorney, for respondent.

Judgment of conviction affirmed; no opinion.

Concur: LEWIS, CONWAY, DESMOND, DYE and FULD, JJ.

LOUGHRAN, Ch. J., and FROESSEL, J., dissent and vote to order a new trial in the following memorandum:

The defendant's constitutional protection against compulsory self incrimination was invaded when the trial prosecutor commented adversely and at length upon the defendant's refusal to take a truth serum test (see People v. Forte, 277 N.Y. 440; 8 Wigmore on Evidence [3d ed.], §§ 2272-2273). The further comment of the District Attorney to the jury that they should not be misled by any idea that this defendant, who pleaded insanity, may be confined permanently to a hospital, thus suggesting that he might be released, was also improper.