Opinion
Argued November 29, 1960
Decided January 19, 1961
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, WALTER L. TERRY, J.
David B. Alford for appellant.
Richard H. Farley, District Attorney, for respondent.
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, FROESSEL, VAN VOORHIS, BURKE and FOSTER.