PEOPLE v. MULVEY


1 A.D.2d 541 (1956)

The People of the State of New York, Respondent, v. Armand C. Mulvey, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 16, 1956.


Attorney(s) appearing for the Case

John F. Dwyer, District Attorney (George H. Metz of counsel), for respondent.

Condon & Klocke for appellant.

All concur, except WHEELER, J., who dissents and votes for affirmance in a separate opinion. Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and WILLIAMS, JJ.


Per Curiam.

During the trial the District Attorney offered in evidence an alleged written confession of the defendant-appellant. The defendant's counsel and his associate objected to it on various grounds, one of which was that the statement of the defendant was not given voluntarily but was obtained "under pressure by a man who has not been sworn here as a witness. We have not had an opportunity to confront him." A...

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