People v. Albanese

Upon remission from the Court of Appeals (19 N Y 2d 965) judgment rendered on March 4, 1966, convicting defendant, after trial, of grand larceny in the first degree and assault in the second degree, reversed, on the facts and in the exercise of this court’s discretion and a new trial granted in the interests of justice. When the original appeal in this case was before us this court decided that the defendant was entitled to reversal and a new trial as a matter of law (27 A D 2d 820). The Court of Appeals reversed our determination, stating that “ in reviewing the fairness of the trial and in…