PEOPLE v. AITKEN


30 A.D.2d 812 (1968)

The People of the State of New York, Respondent, v. John Aitken, Appellant

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

July 1, 1968


Reversed, on the law, defendant's guilty plea vacated, and action remitted to the trial court for the purpose of conducting a new hearing in accordance with the memorandum herewith.

The findings of fact below have not been considered. At the hearing held upon defendant's motion to suppress evidence (Code Crim. Pro., §§ 813-c et seq.), and under the circumstances at bar, it was reversible error for the trial court to deny to defendant an examination...

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