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PEOPLE v. PHELPS

2 A.D.2d 830 (1956)

The People of the State of New York, Respondent, v. George Gerald Phelps, Appellant

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

September 26, 1956

Judgment of conviction affirmed.

All concur, except Kimball, J., who dissents and votes for reversal and for dismissal of the indictment in the following memorandum:

The theory of the prosecution seems to have been to take a statement made by the defendant, introduce it in evidence and then proceed to try to convince the jury that the statement was not true. The statement is in no respect a confession of guilt nor is it an admission of facts from...

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