PEOPLE v. OAKLEY


9 N.Y.2d 656 (1961)

The People of the State of New York, Respondent, v. Henry Oakley, Appellant.

Court of Appeals of the State of New York.

Decided January 19, 1961.


Attorney(s) appearing for the Case

David B. Alford for appellant.

Richard H. Farley, District Attorney, for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.


Judgment reversed and a new trial ordered upon the ground that it was error as matter of law to receive defendant's inculpatory statement, prepared, signed and sworn to before the Presiding Magistrate at a preliminary examination, before defendant was advised of his rights. We disapprove the taking of or the swearing to confessions before any judicial officer...

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