People v. Kehoe

Appellate Division of the Supreme Court of New York

People v. Kehoe

253 A.D. 762, 300 N.Y.S. 1185, 1937 N.Y. App. Div. LEXIS 5491

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

DecidedDecember 24, 1937

StatusPublished

Cited by5 cases

This text of 253 A.D. 762 (People v. Kehoe) 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. Kehoe, 253 A.D. 762, 300 N.Y.S. 1185, 1937 N.Y. App. Div. LEXIS 5491 (N.Y. Ct. App. 1937).

Pincite

Opinion

On appeal from a judgment of the County Court of Kings county convicting defendant of the crime of receiving stolen property (Penal Law, § 1308), judgment reversed on the law and a new trial ordered. Although there was ample evidence to sustain the conviction, the trial judge erred in a substantial way prejudicial to the appellant, (1) in excluding testimony by Officer McCaffrey as to appellant’s declarations at the time of the arrest and while defendant was in possession of the alleged stolen goods; such declarations were admissible as part of the res gestee (Wharton’s Criminal Evidence [11th ed.], § 493); (2) in his charge on the subject of the appellant’s failure to call as a witness his alleged accomplice, Manning (People v. Kearns, 214 App. Div. 804. See People v. Ferguson, 245 id. 837; People v. Kilroe, 201 id. 549, 555); (3) in his charge on the subject of the weight to be given to the testimony of defendant as an interested witness (People v. Viscio, 241 App. Div. 499, 502; People v. Gerdvine, 210 N. Y. 184. See People v. Cohen, 223 id. 406, 422). Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

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

On appeal from a judgment of the County Court of Kings county convicting defendant of the crime of receiving stolen property (Penal Law, § 1308), judgment reversed on the law and a new trial ordered. Although there was ample evidence to sustain the conviction, the trial judge erred in a substantial way prejudicial to the appellant, (1) in excluding testimony by Officer McCaffrey as to appellant’s declarations at the time of the arrest and while defendant was in possession of the alleged stolen goods; such declarations were admissible as part of the res gestee (Wharton’s Criminal Evidence [11th ed.], § 493); (2) in his charge on the subject of the appellant’s failure to call as a witness his alleged accomplice, Manning (People v. Kearns, 214 App. Div. 804. See People v. Ferguson, 245 id. 837; People v. Kilroe, 201 id. 549, 555); (3) in his charge on the subject of the weight to be given to the testimony of defendant as an interested witness (People v. Viscio, 241 App. Div. 499, 502; People v. Gerdvine, 210 N. Y. 184. See People v. Cohen, 223 id. 406, 422). Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

253 A.D. 762, 300 N.Y.S. 1185, 1937 N.Y. App. Div. LEXIS 5491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kehoe-nyappdiv-1937.

Opinion

Related

Cite This Page — Counsel Stack