People v. Kehoe

On appeal from a judgment of the County Court of Kings county convicting defendant of the crime of receiving stolen property (Penal Law, § 1308), judgment reversed on the law and a new trial ordered. Although there was ample evidence to sustain the conviction, the trial judge erred in a substantial way prejudicial to the appellant, (1) in excluding testimony by Officer McCaffrey as to appellant’s declarations at the time of the arrest and while defendant was in possession of the alleged stolen goods; such declarations were admissible as part of the res gestee (Wharton’s Criminal Evidence…