People v. Russell
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the defendant, Michael Russell, from a judgment of the Supreme Court, rendered • on the 8th day of March, 1920, convicting him of the crime of grand larceny in the first degree. (See 196 App. Div. 950.)
1DissentPutnam, J.
The feature of this case is that a policeman of three years’ service has been convicted of robbing a sailor. When appel*245lant was apprehended he was promptly locked up, and his fellow-officers, including the precinct captain, are witnesses for the prosecution.- Such facts suggest a personal animus, which the defense has emphasized, and is one of the considerations moving the majority for reversal.
This precise circumstance, that suggests contrivance on the part of the people’s witnesses, however, justifies what would otherwise be a technical error in admitting evidence. Hostility from the other…
Also in this document: Concurrence.
2Cases cited3 opinions
- People v. . CohenNew York Court of Appeals · 1918
- People v. . BarnesNew York Court of Appeals · 1911
- People v. . BertliniNew York Court of Appeals · 1916