¶1This ease 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 finding's. Concur — Botein, P. J., Breitel, Valente, Eager and Steuer, JJ.
23 A.D.2d 846
People v. Brown
Appellate Division of the Supreme Court of the State of New York
Decided May 25, 1965
Appellate Division of the Supreme Court of the State of New York · decided 1965-05-25
Decided 1965-05-25