Order reversed on the law and the facts, and application remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith.
Defendant's conviction was based in part upon his confession. At the trial the defendant had objected to the admission of the confession; the question of its voluntariness was one of the issues raised; and that issue, instead of being tried separately and preliminarily by the court, was submitted to the jury for its...
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