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PEOPLE v. SPEARS

26 A.D.2d 893 (1966)

The People of the State of New York, Respondent, v. Fred Spears, Appellant

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

October 20, 1966

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

Memorandum:

After a preliminary hearing to determine the voluntariness of statements made by defendant to police officers while in custody the court did not follow the procedures outlined in People v. Huntley (15 N.Y.2d 72) requiring a finding beyond a reasonable doubt that such statements were voluntarily made before they may be submitted...

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