People v. La Congo

Judgment reversed on the law and facts and a new trial granted. Memorandum: The defendant was indicted for burglary third degree and petit larceny. Following trial before the court the defendant having waived a trial by jury, he was convicted of unlawful entry and petit larceny and as a 19-year-old sentenced to the Elmira Reception Center until discharged by law. A preliminary hearing to determine the voluntariness of certain oral admissions of the defendant was held on a motion to suppress prior to trial but the court’s determination of the motion denying suppression was not made until after…