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PEOPLE EX REL. McELROY v. McMANN

34 A.D.2d 1040 (1970)

The People of the State of New York ex rel. Frederick F. McElroy, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent

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

June 29, 1970

MEMORANDUM BY THE COURT.

The relator alleged in his application that the trial court had not submitted the issue of voluntariness of his confession to the jury. However, in People v. McElroy (26 A.D.2d 598, 599) this court held that the issue of voluntariness had been submitted to the jury. At a subsequent hearing it was determined that the confession was voluntary (People v. McElroy, 34 A.D.2d 850...

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