PEOPLE v. NARDUCCI


24 A.D.2d 578 (1965)

The People of the State of New York, Respondent, v. Peter Narducci, Appellant

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

July 6, 1965


Part of the People's proof consisted of a written statement made by the defendant after his arrest and prior to arraignment. The issue of the voluntariness of that statement was submitted by the trial court to the jury for determination together with other issues. This procedure has been held to be in violation of the defendant's constitutional rights; he was entitled to a separate trial by the court alone of the issue as to the voluntariness of his confession (Jackson...

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