People v. Abel
New York Court of Appeals
Tbe trial court erred in bolding that statements made by one defendant in tbe presence of tbe other defendant were binding upon both and could be received in evidence.
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Tbe trial court erred in bolding that statements made by one defendant in tbe presence of tbe other defendant were binding upon both and could be received in evidence. (People v. Rutig-liano, 261 N. Y. 103; People v; Cascone, 185 N. Y. 317; People v. Lewis, 238 N. Y. 1; People v. Willett, 92 N. Y. 29; People v. Koerner, 154 N. Y. 355; People v. Gonrow, 200 N. Y. 357; People v. Kennedy, 164 N. Y. 449; People v. Smith, 172 N. Y. 210; People v. Marendi, 213 N. Y. 600; People v. Pignataro, 263 N. Y. 229; People v. Luft, 259 App. Div. 222.) The admission in evidence of testimony that the…
1Opinion of the CourtLewis, J.
The three defendants stand convicted under an indictment by a Grand Jury of the County of Sullivan which accused them of grand larceny, first degree (Penal Law, § 1294, subd. 1). A bill of particulars filed by the District Attorney (Code Crim. Pro., § 295-g) alleges “ that the defendants acting together and in concert did take from the person of one Nicholas George Kondos at or about three o’clock in the morning, the sum of ninety ($90.) dollars in United States Currency.”
The three defendants were tried together. Upon that trial — during which no one of the defendants either confessed to the…
2Cases cited5 opinions
- People v. MleczkoNew York Court of Appeals · 1948
- People v. . MarendiNew York Court of Appeals · 1915
- People v. RutiglianoNew York Court of Appeals · 1933
- People v. PignataroNew York Court of Appeals · 1934
- People v. DolceNew York Court of Appeals · 1933
3Cited by12 opinions
- People v. MirendaNew York Court of Appeals · 1969
- People v. CarboranoNew York Court of Appeals · 1950
- People v. TravatoNew York Court of Appeals · 1955
- United States of America Ex Rel. Christopher Romano v. Hon. Edward M. Fay, as Warden of Green Haven Prison, Stormville, New YorkCourt of Appeals for the Second Circuit · 1966
- United States v. Charles MarcusCourt of Appeals for the Second Circuit · 1969
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