PEOPLE v. MOCCIO


23 A.D.2d 564 (1965)

The People of the State of New York, Respondent, v. Carmine Moccio and Vincent Cerullo, Appellants

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

February 1, 1965


Part of the People's proof consisted of certain written statements made by the defendants upon arrest and prior to the arraignment. The issue of the voluntariness of such statements was not only raised during the trial by the defendants but they also moved for a separate hearing by the court, in the absence of the jury, upon such issue. The trial court denied the motion and thereafter submitted the issue of voluntariness to the jury for its determination. In the light of...

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