Majority
p. 846(May 25, 1965) The People of the State of New York, Respondent, v. Eugene Brown, Appellant.
This ease is remitted to the court below, particularly to the Judge before whom the case was tried, if available (People v. Huntley, 15 N Y 2d 72 ; People v. Taylor, 22 A D 2d 524 ) to determine the voluntariness of defendant’s confession. Accordingly, the determination of this appeal will be held in abeyance until the court below has made its finding's. Concur — Botein, P. J., Breitel, Valente, Eager and Steuer, JJ.
Cases cited
- People v. Huntley 15 N Y 2d 72 p. 846
- People v. Taylor 22 A D 2d 524 p. 846