People v. Gardella

Appellate Division of the Supreme Court of New York

People v. Gardella

55 A.D.2d 607, 389 N.Y.S.2d 118, 1976 N.Y. App. Div. LEXIS 15327

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

DecidedDecember 6, 1976

StatusPublished

Cited by4 cases

This text of 55 A.D.2d 607 (People v. Gardella) 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. Gardella, 55 A.D.2d 607, 389 N.Y.S.2d 118, 1976 N.Y. App. Div. LEXIS 15327 (N.Y. Ct. App. 1976).

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Opinion

Appeal by the People from an order of the Su[608]*608preme Court, Westchester County, dated April 23, 1976, which, pursuant to CPL 330.30 (subd 2), set aside a jury verdict of guilty of sodomy in the first degree (three counts), and ordered a new trial. Order affirmed. Despite extensive efforts to keep from the jury the knowledge that the defendant had been convicted of murder one year earlier, that information found its way into the jury room and was discussed during the jury’s deliberations. Defendant’s substantial rights were prejudiced, and a new trial was properly ordered (cf. People v Cocco, 305 NY 282). Cohalan, Acting P. J., Margett, Damiani and Mollen, JJ., concur.

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Appeal by the People from an order of the Su[608]*608preme Court, Westchester County, dated April 23, 1976, which, pursuant to CPL 330.30 (subd 2), set aside a jury verdict of guilty of sodomy in the first degree (three counts), and ordered a new trial. Order affirmed. Despite extensive efforts to keep from the jury the knowledge that the defendant had been convicted of murder one year earlier, that information found its way into the jury room and was discussed during the jury’s deliberations. Defendant’s substantial rights were prejudiced, and a new trial was properly ordered (cf. People v Cocco, 305 NY 282). Cohalan, Acting P. J., Margett, Damiani and Mollen, JJ., concur.

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Bluebook (online)

55 A.D.2d 607, 389 N.Y.S.2d 118, 1976 N.Y. App. Div. LEXIS 15327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gardella-nyappdiv-1976.

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