
    The People of the State of New York, Respondent, v. Henry Oakley, Appellant.
    Argued November 29, 1960;
    decided January 19, 1961.
    
      
      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, Fboessel, Van Vooehis, Bubke and Fosteb.  