People v. Brown

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE BROWN, Appellant

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

Date published: May 25, 1965

23 A.D.2d 846 (N.Y. App. Div. 1965)

Opinion

May 25, 1965

This case 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 findings.

Concur — Botein, P.J., Breitel, Valente, Eager and Steuer, JJ.