SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
October 30, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
MOSES I. HOWIE, APPELLANT
Appeal from order of Chautauqua County Court denying, without a hearing, motion to vacate judgment of conviction for assault, first degree, rendered October 24, 1960.
Goldman, P. J., Witmer, Gabrielli, Moule and Henry, JJ.
Order unanimously reversed and matter remitted to Chautauqua County Court for a hearing in accordance with the following Memorandum: A hearing should be held to determine whether or not the defendant's inculpatory statement was voluntary since the Trial Judge raised that issue in submitting the case to the jury. (People v. Huntley, 15 N.Y.2d 72.)
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