People v. Holland

1 Citing case

  1. People v. Tuomey

    17 A.D.2d 247 (N.Y. App. Div. 1962)   Cited 1 times

    The majority is of the opinion that the trial court erred in refusing to permit a voir dire examination with respect to the oral confession, although it allowed such procedure with respect to the written confession. The rule is that a preliminary examination as to the voluntary nature of a confession should be allowed with respect to an oral as well as to a written confession ( People v. Giro, 197 N.Y. 152; People v. Holland, 244 App. Div. 287). However, in the case at bar, the trial court in effect permitted such preliminary examination with respect to both the oral and written confessions.