Is a defendant entitled to advance notice that the District Attorney is planning to introduce a section 23 confession at the sentencing stage?
"New York", United States of America
The following excerpt is from People v. Jackson, 20 N.Y.2d 440, 231 N.E.2d 722, 285 N.Y.S.2d 8 (N.Y. 1967):
[20 N.Y.2d 456] At the outset, let it be perfectly clear that we are not sanctioning the use of coerced confessions at the sentencing stage (cf. Gilbert v. State of California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178). We are simply holding that at the sentencing stage a defendant is not entitled to prior notice that the District Attorney is planning to introduce
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