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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY OAKLEY, Appellant.

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.

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PEOPLE v. OAKLEY
(Jan 19, 1961)