184 N.E. 690 | NY | 1933
Evidence of appellant's silence while under arrest when incriminating statements were made in his presence by his co-defendant Russo in reply to a police officer was received in reliance on Kelley v. People (
While the objection was not directed specifically to this point, the exception to the ruling under which the statements were received was sufficient to raise the question.
In People v. Rutigliano (
This evidence was relied on to secure a conviction and its reception was material error.
The judgment should be reversed and a new trial ordered.
POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ., concur.
Judgment reversed, etc. *110