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PEOPLE v. SWANBERG

16 N.Y.2d 649 (1965)

The People of the State of New York, Respondent, v. Gilbert Swanberg, Appellant.

Court of Appeals of the State of New York.

Decided May 27, 1965.

Attorney(s) appearing for the Case

Robert C. LaBorde, Jr., for appellant.

Aaron E. Koota, District Attorney (David Diamond of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, SCILEPPI and BERGAN. Dissent: Judges FULD and BURKE.

Judgment modified to the extent of directing a hearing on the issue of the voluntariness of defendant's statements to the police introduced as a part of the People's case at the trial and, as so modified, affirmed. Case remitted to the Supreme Court, Kings County, for such hearing (People v. Huntley, 15 N.Y.2d 72). No opinion.

Judges FULD and BURKE dissent and vote to reverse the judgment and to dismiss the indictment upon...

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