People v. Caparelli

Appellate Division of the Supreme Court of New York

People v. Caparelli

23 A.D.2d 853, 259 N.Y.S.2d 812, 1965 N.Y. App. Div. LEXIS 4323

Appellate Division of the Supreme Court of the State of New York·Decided May 3, 1965·Published

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 10, 1963 after a jury trial, convicting him of burglary in the third degree and petit larceny, and imposing sentence. Judgment reversed on the law and the facts, and a new trial ordered. In our opinion, the present defendant is in substantially the same position as the defendant in People v. Caparelli (21 A D 2d 882). What was said in that decision relative to the right of a defendant to have an opportunity to ascertain whether a codefendant will testify on his behalf, is applicable to the present case. Brennan, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 10, 1963 after a jury trial, convicting him of burglary in the third degree and petit larceny, and imposing sentence. Judgment reversed on the law and the facts, and a new trial ordered. In our opinion, the present defendant is in substantially the same position as the defendant in People v. Caparelli (21 A D 2d 882). What was said in that decision relative to the right of a defendant to have an opportunity to ascertain whether a codefendant will testify on his behalf, is applicable to the present case. Brennan, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

People v. Caparelli, 23 A.D.2d 853, 259 N.Y.S.2d 812, 1965 N.Y. App. Div. LEXIS 4323 (N.Y. Ct. App. 1965).

Pincite

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