Legal Opinion · Concurring in part, dissenting in part
People v. Caruso
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1979Published
1Concurring in part, dissenting in part
Shapiro, J. (concurring in part and dissenting in part).
I vote to affirm as to the defendant Caruso and to reverse and order a new trial as to the defendant Fioretti.
THE ISSUES
1. Was the verdict against the weight of the evidence?
2. Were the tape recordings admitted at trial inadmissible hearsay as to defendant Fioretti, and if so, was their admission reversible error?
3. Did the joint representation at trial of defendants Caruso and Fioretti deprive them of their right to effective assistance of counsel?
THE FACTS
Only two witnesses testified at trial: Gus Vavoukakis, the alleged victim of the…
2Cases cited14 opinions
- Glasser v. United StatesSupreme Court of the United States · 1942
- Bruton v. United StatesSupreme Court of the United States · 1968
- People v. GombergNew York Court of Appeals · 1975
- People v. MacerolaNew York Court of Appeals · 1979
- People v. SalkoNew York Court of Appeals · 1979
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