PEOPLE v. HOWELL


25 A.D.2d 813 (1966)

The People of the State of New York, Respondent, v. Clarence W. Howell, Jr., Appellant

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

April 7, 1966


Judgment unanimously reversed on the law and facts and a new trial granted.

Memorandum:

At a preliminary hearing conducted by the trial court evidence was presented as to the circumstances surrounding the taking of certain inculpatory statements from the defendant by police officers which required a finding by the court as to whether the defendant incriminated himself while being interrogated by the police in the absence of counsel after he had requested the...

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