People State New York v. Joseph Kenny

The trial court admitted in evidence a sheet of paper purporting to be a confession. Such claimed confession was in narrative form, written by a detective after interrogating defendant, and allegedly contained defendant's answers to the questions. However, it was not signed or acknowledged by the defendant; nor was it read to him. Under the circumstances, it was error to receive the paper in evidence (State v. Cleveland, 6 N. J. 316; State v. Folkes, 174 Ore. 568, cert. den. 323 U.S. 779; 23 C. J. S., Criminal Law, § 833; 23 A. L. R. 2d 928). We are also of the opinion that the court in the cross-examination of defendant's witness cast doubt on the witness' credibility. This constituted error (People v. Viscio, 241 App. Div. 499, 501). We have considered defendant's contention incident to his claim of illegal seizure, and find such contention to be untenable (cf. People v. Lombardi, 18 A.D.2d 177, affd. 13 N.Y.2d 1014).