New York Court of Appeals

The People of the State of New York v. Robert Cefaro, Edward Josephs and Bennie Russo

November 27, 196823 N.Y.2d 283

Summary

The Court held that a trial judge need not charge the jury on the voluntariness of a confession unless the defense raises the issue by objection and evidence creates a factual dispute, and that a pre‑trial Huntley hearing alone does not trigger such a charge. It also reversed Cefaro’s conviction, finding that his motion for severance should have been granted and that the admission of co‑defendant confessions was not harmless error under Chapman.