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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH D'IORIO, Appellant.

Judgment modified to the extent of directing a hearing on the issue of the voluntariness of the confession introduced as a part of the People's case at the trial and, as so modified, affirmed. Case remitted to the Supreme Court, Kings County, for such hearing ( People v. Huntley, 15 N.Y.2d 72). No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.

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PEOPLE v. D'IORIO
(May 20, 1965)