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People v. Anderson

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1969
33 A.D.2d 715 (N.Y. App. Div. 1969)

Opinion

November 13, 1969


MEMORANDUM BY THE COURT. Appeal from a judgment of the County Court of Chenango County, rendered May 13, 1969, adjudging defendant to be a youthful offender. While a stipulation was entered into by defendant's counsel that a separate hearing upon the question of the admission of the confession was not necessary, the voluntariness of the statement was placed in issue and the trial court erred in admitting it before defendant was afforded an opportunity to present evidence upon that issue. Such error cannot be deemed insubstantial. Judgment reversed, on the law and the facts, and a new trial ordered. Herlihy, P.J., Reynolds, Staley, Jr., and Cooke, JJ., concur in memorandum by the court.


Summaries of

People v. Anderson

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1969
33 A.D.2d 715 (N.Y. App. Div. 1969)
Case details for

People v. Anderson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT L. ANDERSON…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 13, 1969

Citations

33 A.D.2d 715 (N.Y. App. Div. 1969)