People v. Cardona

Appellate Division of the Supreme Court of New York

People v. Cardona

56 A.D.2d 759, 392 N.Y.S.2d 40, 1977 N.Y. App. Div. LEXIS 11018

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

DecidedMarch 8, 1977

StatusPublished

Cited by2 cases

This text of 56 A.D.2d 759 (People v. Cardona) 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.

Bluebook

People v. Cardona, 56 A.D.2d 759, 392 N.Y.S.2d 40, 1977 N.Y. App. Div. LEXIS 11018 (N.Y. Ct. App. 1977).

Pincite

Opinion

Judgment, Supreme Court, Bronx County, rendered April 10, 1975, convicting defendant, after a nonjury trial, of the crimes of robbery in the first degree and burglary in the first degree, and sentencing him, as a youthful offender to a maximum term of four years, unanimously reversed, on the law and on the facts, and the motion to suppress granted and the matter remanded for a new trial. Defendant is one of four codefendants who allegedly armed themselves and broke into an apartment and took personal property from its occupant. That same night defendants were in a cab that was stopped and they were searched and arrested. The facts at the suppression hearing applied to all the defendants and denial of the motion, was reversed by this court in a codefendant’s appeal (People v Almestica, 53 AD2d 580). Further, the admission into evidence of a confession, made by a codefendant who did not testify, with references implicating this defendant was error. Although the case was tried without a jury, there is a strong [760]*760indication in the record that the trial court relied on the codefendant’s admissions in finding this defendant guilty. Concur—Stevens, P. J., Murphy, Capozzoli, Markewich and Lynch, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, Bronx County, rendered April 10, 1975, convicting defendant, after a nonjury trial, of the crimes of robbery in the first degree and burglary in the first degree, and sentencing him, as a youthful offender to a maximum term of four years, unanimously reversed, on the law and on the facts, and the motion to suppress granted and the matter remanded for a new trial. Defendant is one of four codefendants who allegedly armed themselves and broke into an apartment and took personal property from its occupant. That same night defendants were in a cab that was stopped and they were searched and arrested. The facts at the suppression hearing applied to all the defendants and denial of the motion, was reversed by this court in a codefendant’s appeal (People v Almestica, 53 AD2d 580). Further, the admission into evidence of a confession, made by a codefendant who did not testify, with references implicating this defendant was error. Although the case was tried without a jury, there is a strong [760]*760indication in the record that the trial court relied on the codefendant’s admissions in finding this defendant guilty. Concur—Stevens, P. J., Murphy, Capozzoli, Markewich and Lynch, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

56 A.D.2d 759, 392 N.Y.S.2d 40, 1977 N.Y. App. Div. LEXIS 11018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cardona-nyappdiv-1977.

Opinion

Related

Cite This Page — Counsel Stack