People v. Messina
This text of 278 A.D. 592 (People v. Messina) 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.
Opinion
Judgment of the County Court, Kings County, convicting the appellant of the crimes of robbery in the first degree, grand larceny in the second degree and assault in the second degree, reversed upon the law and the facts and a new trial ordered. In our opinion the exclusion by the trial court of proof by appellant’s attending physician of appellant’s physical condition at the time of the alleged crime, proffered to establish that appellant was then physically unable to commit the crime as described by the complainant, was a prejudicial error which affected substantial rights of appellant. (People v. Wells, 272 N. Y. 215.) Nolan, P. J., Johnston, Adel, Sneed and MaeCrate, JJ., concur.
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Cite This Page — Counsel Stack
278 A.D. 592, 102 N.Y.S.2d 262, 1951 N.Y. App. Div. LEXIS 4049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-messina-nyappdiv-1951.