This ease is remitted to the court below, particularly to the Judge before whom the case was tried, if available (People v. Huntley, 15 N Y 2d 72; People v. Taylor, 22 A D 2d 524) to determine the voluntariness of defendant’s confession. Accordingly, the determination of this appeal will be held in abeyance until the court below has made its finding's. Concur — Botein, P. J., Breitel, Valente, Eager and Steuer, JJ.