People v. Oree

Appellate Division of the Supreme Court of New York

People v. Oree

22 A.D.2d 784, 254 N.Y.S.2d 53, 1964 N.Y. App. Div. LEXIS 2764

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

DecidedNovember 19, 1964

StatusPublished

Cited by2 cases

This text of 22 A.D.2d 784 (People v. Oree) 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. Oree, 22 A.D.2d 784, 254 N.Y.S.2d 53, 1964 N.Y. App. Div. LEXIS 2764 (N.Y. Ct. App. 1964).

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Opinion

— Judgment of conviction unanimously reversed on the law and a new trial ordered. Defendant was one of three persons charged with participating in a robbery. All three were tried together. All three made confessions. The confessions of the other two defendants implicated appellant. Their confessions were received in evidence without the jury being advised that they were not admissible to establish the guilt of defendant. The error was com-' pounded by reference in summation and charge to these confessions without distinguishing between them. Even in the absence of proper exceptions, this deprived defendant of a fair trial (People v. Marshall, 306 N. Y. 223; People v. Lombard, 4 A D 2d 666; People v. Driscoll, 20 A D 2d 880). Concur — Rabin, J. P., Valente, Stevens, Eager and Steiner, JJ.

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— Judgment of conviction unanimously reversed on the law and a new trial ordered. Defendant was one of three persons charged with participating in a robbery. All three were tried together. All three made confessions. The confessions of the other two defendants implicated appellant. Their confessions were received in evidence without the jury being advised that they were not admissible to establish the guilt of defendant. The error was com-' pounded by reference in summation and charge to these confessions without distinguishing between them. Even in the absence of proper exceptions, this deprived defendant of a fair trial (People v. Marshall, 306 N. Y. 223; People v. Lombard, 4 A D 2d 666; People v. Driscoll, 20 A D 2d 880). Concur — Rabin, J. P., Valente, Stevens, Eager and Steiner, JJ.

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Bluebook (online)

22 A.D.2d 784, 254 N.Y.S.2d 53, 1964 N.Y. App. Div. LEXIS 2764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-oree-nyappdiv-1964.

Opinion

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