People v. Gaddy

Appellate Division of the Supreme Court of New York

People v. Gaddy

42 A.D.2d 735, 346 N.Y.S.2d 744, 1973 N.Y. App. Div. LEXIS 3844

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

DecidedJuly 9, 1973

StatusPublished

Cited by2 cases

This text of 42 A.D.2d 735 (People v. Gaddy) 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. Gaddy, 42 A.D.2d 735, 346 N.Y.S.2d 744, 1973 N.Y. App. Div. LEXIS 3844 (N.Y. Ct. App. 1973).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 22, 1972, convicting him of robbery in the first degree (two counts) and possession of weapons and dangerous [736]*736instruments and appliances, as a felony, upon a jury verdict, and imposing sentence. Judgment affirmed. The trial court combined defendant’s Wade and suppression hearings with the main trial. Even if this be deemed error (cf. People v. Gand, 27 N Y 2d 418, 430; GPL 710.40, subd. 3), defendant’s guilt was clear and we find no prejudice to any of his substantial rights, particularly since he refused the trial court’s offer to let him testify in the absence of the jury and without 'being cross-examined as to the circumstances of the robbery counts as charged. Hopkins, Acting P. J., Munder, Shapiro, Gulotta and Christ, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 22, 1972, convicting him of robbery in the first degree (two counts) and possession of weapons and dangerous [736]*736instruments and appliances, as a felony, upon a jury verdict, and imposing sentence. Judgment affirmed. The trial court combined defendant’s Wade and suppression hearings with the main trial. Even if this be deemed error (cf. People v. Gand, 27 N Y 2d 418, 430; GPL 710.40, subd. 3), defendant’s guilt was clear and we find no prejudice to any of his substantial rights, particularly since he refused the trial court’s offer to let him testify in the absence of the jury and without 'being cross-examined as to the circumstances of the robbery counts as charged. Hopkins, Acting P. J., Munder, Shapiro, Gulotta and Christ, JJ., concur.

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Bluebook (online)

42 A.D.2d 735, 346 N.Y.S.2d 744, 1973 N.Y. App. Div. LEXIS 3844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gaddy-nyappdiv-1973.

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