People v. Pontani

Appellate Division of the Supreme Court of New York

People v. Pontani

33 A.D.2d 688, 306 N.Y.S.2d 240, 1969 N.Y. App. Div. LEXIS 2918

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

DecidedNovember 3, 1969

StatusPublished

Cited by2 cases

This text of 33 A.D.2d 688 (People v. Pontani) 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. Pontani, 33 A.D.2d 688, 306 N.Y.S.2d 240, 1969 N.Y. App. Div. LEXIS 2918 (N.Y. Ct. App. 1969).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Suffolk Cdiinty, rendered September 9, 1968, convicting him ■ of abortion and unlawful practice of medicine, upon a jury verdict, and imposing sentence. Judgment affirmed. In our opinion the trial court committed no error in allowing into evidence the statement inculpating appellant, made by the 'codefendarit who was acquitted, and in charging the jury that, if they fouríd a conspiracy to exist between appellant and said eodefendant, the statement might be considered in connection with the innocence or guilt of appellant. Even though no count of conspiracy was contained in the indictment, it was proper for the court to admit the statement and to charge as indicated (People v. Luciano, 277 N. Y. 348; People v. Bonsignore, 21 A D 2d 309; United States v. Annunziato, 293 F. 2d 373), especially in view of the overwhelming proof of appellant’s guilt (24B C. J. S., Criminal Law, § 1922 [3], pp. 163-167). Other points raised by appellant have been considered. Beldock, P. J., Christ, Brennan, Rabin and Kleinfeld, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Suffolk Cdiinty, rendered September 9, 1968, convicting him ■ of abortion and unlawful practice of medicine, upon a jury verdict, and imposing sentence. Judgment affirmed. In our opinion the trial court committed no error in allowing into evidence the statement inculpating appellant, made by the 'codefendarit who was acquitted, and in charging the jury that, if they fouríd a conspiracy to exist between appellant and said eodefendant, the statement might be considered in connection with the innocence or guilt of appellant. Even though no count of conspiracy was contained in the indictment, it was proper for the court to admit the statement and to charge as indicated (People v. Luciano, 277 N. Y. 348; People v. Bonsignore, 21 A D 2d 309; United States v. Annunziato, 293 F. 2d 373), especially in view of the overwhelming proof of appellant’s guilt (24B C. J. S., Criminal Law, § 1922 [3], pp. 163-167). Other points raised by appellant have been considered. Beldock, P. J., Christ, Brennan, Rabin and Kleinfeld, JJ., concur.

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Bluebook (online)

33 A.D.2d 688, 306 N.Y.S.2d 240, 1969 N.Y. App. Div. LEXIS 2918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pontani-nyappdiv-1969.

Opinion

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