It appears that the issue as to the voluntariness of defendant's confession was raised at the trial and submitted to the jury. Accordingly, the motion is granted and the action is remitted to the Criminal Term, Supreme Court, Queens County, for further proceedings not inconsistent herewith.
A separate trial should be accorded promptly to the defendant upon the issue of the voluntariness of his confession. Such trial should be held de novo before the court alone...
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