People v. Clemons

Judgment of conviction, Supreme Court, New York County, rendered April 26, 1973, unanimously reversed, in the exercise of discretion and the interest of justice, and the case remanded for a new trial. Of the various errors claimed by defendant-appellant, three stand out to the extent that their sum cannot be deemed harmless in possible effect. An irrelevant statement by defendant as to the availability of cocaine was characterized by the court in the charge as an admission. Testimony was permitted by a detective concerning the hearsay statement made by an unidentified person two days after…