Opinion
January 19, 1965
Determination of the appeal withheld and the case remitted to the Supreme Court, Bronx County, for a hearing and determination before McCAFFREY, J. on the issue of voluntariness of the confession. At such hearing the defendant and the People are permitted to put in additional proof on the issue of voluntariness if either side so desires. In its decision the court shall make specific findings of fact and conclusions of law. ( People v. Huntley, 15 N.Y.2d 72; Jackson v. Denno, 378 U.S. 368.)
Concur — Botein, P.J., Valente, McNally, Stevens and Staley, JJ.