Judgment affirmed.
This case is remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (subd 5). In its charge to the jury on the voluntariness of defendant's confession, the trial court twice cautioned that if the statement had been obtained by coercion, promise, trick or subterfuge, it could not be used against defendant. The court went on to say the following: "This is the defendant's protection and your protection, and...
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