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People v. Oakley

9 N.Y.2d 656 Court N.Y. Decision date 1961-01-19 English

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Majority

p. 656
The People of the State of New York, Respondent, v. Henry Oakley, Appellant.
Argued November 29, 1960;
decided January 19, 1961.
p. 657
David B. Alford for appellant.
Richard H. Farley, District Attorney, for respondent.

Judgment reversed and a new trial ordered upon the ground that it was error as matter of law to receive defendant’s inculpatory statement, prepared, signed and sworn to before the Presiding Magistrate at a preliminary examination, before defendant was advised of his rights. We disapprove the taking of or the swearing to confessions before any judicial officer. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Fboessel, Van Vooehis, Bubke and Fosteb.