People v. Carbonell

Appellate Division of the Supreme Court of New York

People v. Carbonell

49 A.D.2d 604

Appellate Division of the Supreme Court of the State of New York·Decided July 11, 1975·Published

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 24, 1973, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence. Judgment" affirmed. No opinion: Rabin, Acting P. J., Martuscello, Brennan and Shapiro, JJ., concur; Cohalan, J., dissents and votes to reverse and order a new trial, with the following memorandum: The ineptitude of defense counsel (People v LaBree, 34 NY2d 257), plus the improper trial tactics of the prosecutrix, and her inflammatory remarks in summation, all combined to deprive defendant of a fair trial. I would reverse, on the law and as a matter of discretion in the interest of justice, and order a new trial (People v Garcia, 40 AD2d 983).

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 24, 1973, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence. Judgment" affirmed. No opinion: Rabin, Acting P. J., Martuscello, Brennan and Shapiro, JJ., concur; Cohalan, J., dissents and votes to reverse and order a new trial, with the following memorandum: The ineptitude of defense counsel (People v LaBree, 34 NY2d 257), plus the improper trial tactics of the prosecutrix, and her inflammatory remarks in summation, all combined to deprive defendant of a fair trial. I would reverse, on the law and as a matter of discretion in the interest of justice, and order a new trial (People v Garcia, 40 AD2d 983).

People v. Carbonell, 49 A.D.2d 604 (N.Y. Ct. App. 1975).

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Opinion

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