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People v. Macedonio

366 N.E.2d 1355, 42 N.Y.2d 944, 397 N.Y.S.2d 1002, 1977 N.Y. LEXIS 2270
CourtNew York Court of Appeals
DecidedJune 30, 1977
StatusPublished
Cited by26 cases

This text of 366 N.E.2d 1355 (People v. Macedonio) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Macedonio, 366 N.E.2d 1355, 42 N.Y.2d 944, 397 N.Y.S.2d 1002, 1977 N.Y. LEXIS 2270 (N.Y. 1977).

Opinion

Memorandum. The order of the Appellate Division should be reversed and a new trial ordered.

Once the lawyer entered the criminal proceeding representing the defendant in connection with criminal charges under investigation, it was impermissible to question defendant in custody and in the absence of his attorney (People v Ramos, 40 NY2d 610, 614; People v Hobson, 39 NY2d 479, 481). Proof that defendant had type "A” blood and that the semen found within the victim was emitted from a male with blood of that type should not have been admitted, in view of the large proportion of the general population having blood of said type (People v Robinson, 27 NY2d 864).

[945]*945Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum. Order reversed, etc.

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Bluebook (online)
366 N.E.2d 1355, 42 N.Y.2d 944, 397 N.Y.S.2d 1002, 1977 N.Y. LEXIS 2270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-macedonio-ny-1977.