People v. Soto

OPINION OF THE COURT

Gloria Goldstein, J.

The underlying issue presented is whether the question of a statement’s admissibility under those principles as enunciated *573in People v Huffman (41 NY2d 29) should properly be submitted to a jury.

In the instant action, after a prior Justice determined, on a pretrial motion, that defendant’s statements were admissible on Huffman grounds, this court refused to resubmit to a jury the question of the statements’ admissibility. In this case of apparent first impression, it was held that the basis for the admission of the statements was an issue of law, and…