On reargument, order reversed, on the law, and application remitted to the Criminal Term of the Supreme Court, Kings County, for further proceedings in accordance herewith.
Defendant's conviction was based in part upon his confession. The District Attorney concedes that the trial court charged the jury on the issue of the voluntariness of the confession. The issue of voluntariness, instead of being tried separately and preliminarily by the court, was submitted to...
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