People v. Campbell

Appellate Division of the Supreme Court of New York

People v. Campbell

33 A.D.2d 1031, 309 N.Y.S.2d 118, 1970 N.Y. App. Div. LEXIS 5583

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 9, 1970

StatusPublished

This text of 33 A.D.2d 1031 (People v. Campbell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People v. Campbell, 33 A.D.2d 1031, 309 N.Y.S.2d 118, 1970 N.Y. App. Div. LEXIS 5583 (N.Y. Ct. App. 1970).

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Opinion

On July 9, 1969 this court granted respondent’s motion for reargument of this appeal. The appeal was by defendant from a judgment of the former County Court, Kings County, rendered April 9, 1959, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence upon him as a second felony offender. By order dated March 24, 1969, we reversed the judgment of April 9, 1959, on the law and in the interests of justice, and ordered a new trial. On reargument, our order dated March 24, 1969 is withdrawn insofar as it reversed the judgment of April 9, 1959, and the judgment is affirmed. As the confessions of defendant Campbell and his codefendant were substantially identical, the rationale of Bruton v. United States (391 U. S. 123) is here inapplicable (People v. McNeil, 24 N Y 2d 550). Moreover, the evidence clearly established Campbell’s guilt beyond a reasonable doubt. The judgment of conviction therefore should be affirmed (People v. McNeil, supra; Harrington v. California, 395 U. S. 250). Beldock, P. J., Christ, Brennan, Rabin and Benjamin, JJ., concur.

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On July 9, 1969 this court granted respondent’s motion for reargument of this appeal. The appeal was by defendant from a judgment of the former County Court, Kings County, rendered April 9, 1959, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence upon him as a second felony offender. By order dated March 24, 1969, we reversed the judgment of April 9, 1959, on the law and in the interests of justice, and ordered a new trial. On reargument, our order dated March 24, 1969 is withdrawn insofar as it reversed the judgment of April 9, 1959, and the judgment is affirmed. As the confessions of defendant Campbell and his codefendant were substantially identical, the rationale of Bruton v. United States (391 U. S. 123) is here inapplicable (People v. McNeil, 24 N Y 2d 550). Moreover, the evidence clearly established Campbell’s guilt beyond a reasonable doubt. The judgment of conviction therefore should be affirmed (People v. McNeil, supra; Harrington v. California, 395 U. S. 250). Beldock, P. J., Christ, Brennan, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

33 A.D.2d 1031, 309 N.Y.S.2d 118, 1970 N.Y. App. Div. LEXIS 5583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-campbell-nyappdiv-1970.

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