The defendant was indicted for burglary in the third degree and attempting to commit robbery in the first degree. The confession here questioned as being a denial of due process and obtained by force and duress was taken by members of the police department after the arrest of the defendant and before his arraignment. The crime happened at about 3:00 A.M. on July 14, 1959 at a parking lot in the City of Albany when a booth was broken into and the night watchman was assaulted...
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