
    The People of the State of New York, Appellant, v. Joseph Pecoraro, Respondent.
    (Argued October 8, 1917;
    decided October 23, 1917.)
    
      People v. Pecoraro, 177 App. Div. 803, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 11, 1917, which reversed a judgment of the Westchester County Court, rendered upon a verdict convicting the defendant of the crime of abduction, and granted a new trial. The Appellate Division held that the exceptions to the refusal of the trial court to permit a preliminary trial of the issue as to whether or not a confession of the defendant, offered in evidence, was a voluntary, legal confession and to the admission in evidence of the confession without such preliminary examination, presented reversible error.
    
      Lee Parsons Davis, District Attorney (Thomas A. McKennell of counsel), for appellant.
    
      Humphrey J. Lynch for respondent.
   Judgment affirmed; no opinion.

Concur: Chase, Cuddeback, Hogan, Pound and Andrews, JJ. Dissenting: Hiscock, Ch. J., and McLaughlin, J.  