People v. Barone

New York Court of Appeals

People v. Barone

43 N.E.2d 829, 289 N.Y. 100, 1942 N.Y. LEXIS 991

DecidedJuly 29, 1942

StatusPublished

This text of 43 N.E.2d 829 (People v. Barone) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Barone, 43 N.E.2d 829, 289 N.Y. 100, 1942 N.Y. LEXIS 991 (N.Y. 1942).

Pincite

Opinion

Per Curiam.

In spite of the attempt of the trial judge to protect the defendant Grippo, the behaviour of the co-defendant Barone at the trial made a fair consideration of the evidence against Grippo by the jury impossible.

As to the defendant Barone, the judgment of conviction should be affirmed.

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

As to the defendant Grippo, the judgment of conviction should be reversed and a new trial ordered.

Lehman, Ch. J., Loughran, Rippey and Desmond, JJ., concur; Finch, Lewis and Conway, JJ., dissent.

Judgments accordingly.

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