People v. Waterman

Indicted with two others in February of 1959, under the fictitious designations of “ John Doe ” and “ Bichard Boe ”, the defendants Waterman and Devine were convicted of the crimes of robbery in the first degree, second degree grand larceny and assault.1 The Appellate Division, by a divided court, reversed the judgments of conviction against both defendants and ordered a new trial. It was the Appellate Division’s view that it was error to receive in evidence incriminatory statements made by the defendant Waterman — in which he also implicated his codefendant Devine—under questioning by a…