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PEOPLE v. BENNETT

23 A.D.2d 890 (1965)

The People of the State of New York, Respondent, v. James Joseph Bennett, Appellant

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

May 24, 1965

Judgment affirmed.

No opinion.

Christ, J., dissents and votes to remit the action to the trial court for a hearing on the issue of the voluntariness of defendant's confession, with the following memorandum:

Although the defendant did not specifically raise any issue as to the voluntariness of his confession, and although the issue was not presented for the consideration of the jury, the record contains sufficient evidence to justify the...

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