Majority
p. 651The People of the State of New York, Respondent, v. James Foster, Appellant. Argued April 22, 1965, decided May 27, 1965.
Arnold E. Wallach and Leonard Kaplan for appellant.
Frank S. Hogan, District Attorney (H. Richard Uviller and Michael R. Stack of counsel), for respondent.
p. 652
Judgment of conviction modified to the extent of directing a hearing on the issue of the voluntariness of the confession introduced as a part of the People’s case at the trial and, as so modified, affirmed. Case remitted to the Supreme Court, New York County, for such hearing (People v. Huntley, 15 N Y 2d 72 ). No opinion.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.
Cases cited
- People v. Huntley 15 N Y 2d 72 p. 652