PEOPLE v. STEPHENS


27 A.D.2d 945 (1967)

The People of the State of New York, Respondent, v. Nathaniel Stephens, Appellant

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

April 17, 1967


Action remitted to the trial court for further proceedings not inconsistent herewith.

Part of the People's proof consisted of a statement made by defendant after his arrest and prior to arraignment. The issue of the voluntariness of that statement was submitted by the trial court to the jury for determination together with the other issues. This procedure has been held to be in violation of a defendant's constitutional rights; defendant was entitled to a separate...

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