People v. Cascia
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Luigi Cascia, from a judgment of the County Court of Kings county, rendered against him on the 20th day of February, 1919, convicting him of the crimes of robbery in the first degree, grand larceny in the second degree and assault in the second degree, and sentencing him to not more than ten years and six months and not less than five years in State’s prison, and also from an order of said court denying defendant’s motion for a new trial made upon…
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Appeal by the defendant, Luigi Cascia, from a judgment of the County Court of Kings county, rendered against him on the 20th day of February, 1919, convicting him of the crimes of robbery in the first degree, grand larceny in the second degree and assault in the second degree, and sentencing him to not more than ten years and six months and not less than five years in State’s prison, and also from an order of said court denying defendant’s motion for a new trial made upon the minutes.
1Dissent
Jenks, P. J. (dissenting) :
I dissent. The circumstance of the trial is stated in the prevailing opinion.
I think that there is capital error in the admission of the silence of the defendant. At that time he was under arrest. (Code Crim. Proc. §§ 167, 171.) In People v. Marendi (213 N. Y. 613) the eminent judge who wrote for the court says: “ The defendant made a response in his own language, which no one present could interpret. Even if he had stood mute his silence could not' have been construed as an admission, because he was then under arrest and not called upon to speak or deny an…
2Cases cited12 opinions
- Railroad Companies v. SchutteSupreme Court of the United States · 1881
- People v. . MarendiNew York Court of Appeals · 1915
- Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
- People v. . SmithNew York Court of Appeals · 1902
- Commonwealth v. McDermottMassachusetts Supreme Judicial Court · 1877
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