Legal Opinion

People v. Caruso

New York County Court, Kings County

Decided September 6, 1939PublishedCited by 2 opinions

1Opinion of the CourtBrancato, J.

This is a motion for a new trial pursuant to subdivision 7 of section 465 of the Code of Criminal Procedure, upon the ground of newlv-discovered evidence consisting of a recantation of defendant’s identification by the complaining witness and of the confessions of two individuals made since the defendant’s conviction who, having plead guilty as accomplices in the commission of the robbery involved, exculpate the defendant of any participation therein.

I have read the record of defendant’s trial and the conclusion is impelling that, upon the evidence adduced, the jury was justified in finding…

2Cases cited2 opinions

  1. People v. . ShilitanoNew York Court of Appeals · 1916
  2. People v. FariniNew York Supreme Court · 1925

3Cited by2 opinions

  1. Evans v. MonaghanNew York Court of Appeals · 1954
  2. State v. WhitenerSupreme Court of South Carolina · 1955

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