People v. Bell

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, defendant’s convictions vacated, and the case remitted to Supreme Court for further proceedings on the indictment.

For purposes of the disposition of the present appeal it suffices to address a single issue not considered by the Appellate Division or by our court on the prior appeals from defendant’s convictions at his first trial (45 AD2d 362, affd 38 NY2d 116). The original codefendant, Police Officer Reilly, was killed in an automobile accident after the first trial. The second trial therefore proceeded…