People v. Oakley

Decision Date19 January 1961
Parties, 173 N.E.2d 48 PEOPLE, etc., Respondent, v. Henry OAKLEY, Appellant.
CourtNew York Court of Appeals Court of Appeals

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.

All concur.

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11 cases
  • People v. Lane
    • United States
    • New York Court of Appeals Court of Appeals
    • 30 Noviembre 1961
    ...an old and unsatisfactory court-made rule, at variance with concepts of justice and fair dealing (see, e. g., People v. Oakley, 9 N.Y.2d 656, 212 N.Y.S.2d 72, 173 N.E.2d 48 (voluntary confession sworn to before judicial officer excluded); People v. Waterman, 9 N.Y.2d 561, 216 N.Y.S.2d 53, 1......
  • People v. Jones
    • United States
    • New York Supreme Court — Appellate Division
    • 26 Mayo 1981
    ...officer" rather than a notary public (cf. People v. Foley, 8 N.Y.2d 153, 203 N.Y.S.2d 65, 168 N.E.2d 514; People v. Oakley, 9 N.Y.2d 656, 212 N.Y.S.2d 72, 173 N.E.2d 48; People v. Warner, 9 N.Y.2d 670, 212 N.Y.S.2d 80, 173 N.E.2d 54), where the foregoing had not been urged on appeal and whe......
  • People v. Kurtz
    • United States
    • New York Court of Appeals Court of Appeals
    • 25 Noviembre 1980
    ...Wade, 35 A.D.2d 401, 403, 317 N.Y.S.2d 122; People v. Oakley, 10 A.D.2d 457, 459, 200 N.Y.S.2d 961, revd. on other grounds 9 N.Y.2d 656, 212 N.Y.S.2d 72, 173 N.E.2d 48; see, generally, 3 Wharton's Criminal Procedure, § 493; 23A C.J.S. Criminal Law § 1085.) Moreover, we have held that the pr......
  • People v. Waterman
    • United States
    • New York Court of Appeals Court of Appeals
    • 18 Mayo 1961
    ...the defendant to the witness stand to establish their case through his testimony (cf. People v. McMahon, 15 N.Y. 384; People v. Oakley, 9 N.Y.2d 656, 212 N.Y.S.2d 72; People v. Warner, 9 N.Y.2d 670, 221 N.Y.S.2d 80). By the same token, they may not circumvent the defendant's privilege again......
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