People v. Lockwood

New York Court of Appeals

People v. Lockwood

44 N.Y. 769

Procedural entryThis page is a short order in People v. Lockwood. Read the opinion of the Court — 52 N.Y.2d 790 →

New York Court of Appeals·Decided April 27, 1978·Published

Opinion

OPINION OF THE COURT

Order reversed, judgment of conviction vacated, and a new trial ordered on the dissenting opinion of Mr. Justice Louis J. Capozzoli at the Appellate Division (55 AD2d, at pp 20-25). See, also, People v Buxton (44 NY2d 33) involving a situation close to that in this case except that the circumstances here, as detailed in the dissenting opinion at the Appellate Division, are even stronger in dictating reversal.

[771]*771Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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OPINION OF THE COURT

Order reversed, judgment of conviction vacated, and a new trial ordered on the dissenting opinion of Mr. Justice Louis J. Capozzoli at the Appellate Division (55 AD2d, at pp 20-25). See, also, People v Buxton (44 NY2d 33) involving a situation close to that in this case except that the circumstances here, as detailed in the dissenting opinion at the Appellate Division, are even stronger in dictating reversal.

[771]*771Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

People v. Lockwood, 44 N.Y. 769 (N.Y. 1978).

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