People v. Oakley

9 N.Y.2d 656 | NY | 1961

Judgment reversed and a new trial ordered upon the ground that it was error as matter of law to receive defendant’s inculpatory statement, prepared, signed and sworn to before the Presiding Magistrate at a preliminary examination, before defendant was advised of his rights. We disapprove the taking of or the swearing to confessions before any judicial officer. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Fboessel, Van Vooehis, Bubke and Fosteb.