People v. Carder

With the rest of the court I concur to affirm the judgment of conviction of defendant Carder. However, with regard to defendant Monaghan, I think it was impossible for the jury to keep out of *1040their minds Carder’s confession fully implicating Monaghan in the crime no matter how often they were told by the court that Carder’s confession could be considered only on the question of Carder’s own guilt; and accordingly severance should have been granted (People v. Rossi, 270 App. Div. 624, 629; People v. Feolo, 282 N. Y. 276, 281, 282). This basic difficulty of limiting the jury’s consideration of…