PEOPLE v. CARROLL


37 A.D.2d 945 (1971)

The People of the State of New York, Respondent, v. Lawrence Carroll, Appellant

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

November 16, 1971


The appeal to this court will be held in abeyance, and the action will be remitted to the trial court for further proceedings not inconsistent herewith. At the trial, part of the People's proof consisted of statements made by defendant to the police and an Assistant District Attorney. The issue of the voluntariness of those statements was submitted to the jury for determination together with other issues. This procedure has been held to be in violation of a defendant's constitutional...

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