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PEOPLE v. HOLDER

214 A.D.2d 682 (1995)

625 N.Y.S.2d 590

The People of the State of New York, Respondent, v. Shirwin Holder, Appellant

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

April 17, 1995

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant is correct in his contention that the trial court erred in denying his request for a charge concerning the voluntariness of his confession. When a defendant raises a factual issue regarding the voluntariness of a confession, he is entitled to a voluntariness charge (see, People v Cefaro, 23 N.Y.2d...

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