People v. Ragazinsky
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles Ragazinsky and another, from a judgment of the County Court of the county of Queens, rendered on the 9th day of December, 1918, convicting them of the crimes of robbery in the first degree, grand larceny in the first degree and assault in the second degree.
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Appeal by the defendants, Charles Ragazinsky and another, from a judgment of the County Court of the county of Queens, rendered on the 9th day of December, 1918, convicting them of the crimes of robbery in the first degree, grand larceny in the first degree and assault in the second degree. Over the objection and exception of the defendants the trial court admitted evidence by police officers and the complaining witness to the effect that several men were lined up and the prosecuting witness pointed out the two defendants as the persons who committed the crime.
1Opinion of the Court
Blackmar, J.:
The defendants were convicted of the crimes of robbery, grand larceny and assault, committed upon the complainant on the 15th day of February, 1918. They were tried in December, 1918, and a certificate of .reasonable doubt was granted on the ground that upon the trial there was a violation of the rule of evidence laid down in People v. Jung Hing (212 N. Y. 393) and People v. Seppi (221 id. 62). Upon the argument of the appeal the district attorney appeared and frankly stated that he was not able to justify the ruling of the court in view of such decisions of the Court of Appeals.…
2Cases cited1 opinion
- People v. . Jung HingNew York Court of Appeals · 1914
3Cited by3 opinions
- People v. TrowbridgeNew York Court of Appeals · 1953
- People v. InfantinoAppellate Division of the Supreme Court of the State of New York · 1928
- People v. MalkinAppellate Division of the Supreme Court of the State of New York · 1926