People v. Cadogan

Appellate Division of the Supreme Court of New York

People v. Cadogan

34 A.D.2d 959, 313 N.Y.S.2d 651, 1970 N.Y. App. Div. LEXIS 4646

Appellate Division of the Supreme Court of the State of New York·Decided June 1, 1970·Published·Cited by 1 cases

Opinion

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Queens County, dated June 9, 1969, which, inter alia, denied the application without a hearing. Order affirmed. Defendant’s application to vacate his 1956 conviction was based upon a conceded Bruton error during his trial. In our opinion the direct proof of defendant’s guilt was so overwhelming that there was no “ reasonable possibility that the evidence [960] complained of mig'ht have contributed to the conviction ”; hence, “ the Bruton error must be characterized as harmless ” (People v. Baker, 26 N Y 2d 169, 174). Christ, P. ,J., Munder, Martuseello, Latham and Kleinfeld, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Queens County, dated June 9, 1969, which, inter alia, denied the application without a hearing. Order affirmed. Defendant’s application to vacate his 1956 conviction was based upon a conceded Bruton error during his trial. In our opinion the direct proof of defendant’s guilt was so overwhelming that there was no “ reasonable possibility that the evidence [960] complained of mig'ht have contributed to the conviction ”; hence, “ the Bruton error must be characterized as harmless ” (People v. Baker, 26 N Y 2d 169, 174). Christ, P. ,J., Munder, Martuseello, Latham and Kleinfeld, JJ., concur.

People v. Cadogan, 34 A.D.2d 959, 313 N.Y.S.2d 651, 1970 N.Y. App. Div. LEXIS 4646 (N.Y. Ct. App. 1970).

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34 A.D.2d 959 (People v. Cadogan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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