The People of the State of New York, Respondent, v. Morris Bedeff and Max Cohen, Appellants, Impleaded with Louis Rosen, Defendant

The People of the State of New York, Respondent, v. Morris Bedeff and Max Cohen, Appellants, Impleaded with Louis Rosen, Defendant. First Department, May 15, 1908. Evidence — crime — confession. On a trial for burglary a confession is admissible where it appears that it was not obtained by improper means, but that defendants were warned ns to their rights and that it was purely voluntary. Appeal by the defendants, Morris Bedeff and another, from a judgment of the Court of General Sessions of the Peace in and for the county of New York, rendered on the 14th day of October, 1907, convicting the said defendants of the crime of burglary in the third degree, and also from an order denying the defendants’ motion for a new trial. Cambridge Livingston, for the appellants. Robert S. Johnstone, for the respondent. [MAJORITY — Per Curiam:] Per Curiam: The only question in this case is as to the admissibility of the examination of the defendants before the magistrate, when they pleaded guilty of the commission of the crime charged, and of their confession to the police officer. The evidence shows that the confession was not extorted or obtained by any improper means, but that the defendants were properly warned as to their rights and that it was purely voluntary. No error appears to have been committed upon the trial and the judgment and order are affirmed. Present — Ingraham, Laughlin, Clarke, Houghton and Scott, JJ. Judgment and order affirmed.