What is the burden of proving the voluntariness of a statement, admission or confession?
"New York", United States of America
The following excerpt is from Eduardo M., In re, 363 N.Y.S.2d 254, 80 Misc.2d 371 (N.Y. Fam. Ct. 1975):
It is axiomatic that the burden of proving the voluntariness, be it statement, admission or confession, is on the people (in this instance, the petitioner) and it must be proven beyond a reasonable doubt. People v. Huntley, 15 N.Y.2d 72, 255 N.Y.S.2d 838, 204 N.E.2d 179; People v. Valerius, 31 N.Y.2d 51, 334 N.Y.S.2d 871, 286 N.E.2d 254.
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