People v. . Bertlini
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 28, 1916, which reversed a judgment of the Kings County Court rendered upon a verdict convicting the defendant of the crime of robbery in the first degree and granting' a new trial. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 28, 1916, which reversed a judgment of the Kings County Court rendered upon a verdict convicting the defendant of the crime of robbery in the first degree and granting' a new trial. The facts, so far as material, are stated in the opinion. It was no error for the trial court to admit the testimony that eight days after the commission of the crime the witnesses Bossi and Smith identified the respondent. (People v. Jung Hing, 212 N. Y. 401; 1 Jones Comm. on Ev., § 171; 1…
1Opinion of the Court
Cardozo, J.:
•The defendant has been convicted of the crime of robbery. In January, 1915, three men, claiming to be inspectors of the gas- company, entered the house of John Bossi in Brooklyn. They seized and bound Mrs. Bossi, gagged her and tried to chloroform her, and stole $8,700 in money and some jewelry from the safe. The People charge that one of the robbers is the defendant. Mrs. Bossi on the witness-stand identified him as the man who seized and bound her. A neighbor, Miss Helen Smith, identified him as one of three men whom she.had seen entering the Bossi house and later leaving it on…
2Cases cited3 opinions
- People v. . Jung HingNew York Court of Appeals · 1914
- People v. . BrooksNew York Court of Appeals · 1892
- Potter v. . BrowneNew York Court of Appeals · 1910
3Cited by3 opinions
- Lyles v. . Terry Tench Co.New York Court of Appeals · 1919
- People v. AngoraAppellate Division of the Supreme Court of the State of New York · 1961
- People v. RussellAppellate Division of the Supreme Court of the State of New York · 1921