PEOPLE v. MIALS


27 A.D.2d 944 (1967)

The People of the State of New York, Respondent, v. Frederick Mials, Appellant

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

April 17, 1967


Reversed on the law and new trial ordered.

The findings of fact below have not been considered. In the jury's absence, a preliminary Huntley hearing was held as to the voluntariness of certain statements by defendant. The trial court found them voluntary and they were thereafter received in evidence without objection. The issue of voluntariness of the statements was not submitted to the jury by the court's charge, despite the fact that this issue had been raised...

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