Legal Opinion

People v. Sweeney

Appellate Division of the Supreme Court of the State of New York

Decided November 5, 1973Published

1Opinion of the Court

Appeal by defendant from a judgment of the County Court, Suffolk County, rendered November 2, 1972, convicting him of burglary in the third degree and petit larceny, upon a jury verdict, and imposing sentence. Judgment affirmed. No opinion. Munder, Acting P. J., Martuscello, Gulotta and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse and to order a new trial, with the following memorandum: “Few rights are more fundamental than that of an accused to present witnesses in his own defense ” (Chambers v. Mississippi, 410 U. S. 284, 302; see, also, People v. Foy, 32 N Y 2d 473).…

2Cases cited3 opinions

  1. Chambers v. MississippiSupreme Court of the United States · 1973
  2. Eighmy v. . the PeopleNew York Court of Appeals · 1880
  3. People v. High Ground Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1915

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