20 A.D.2d 770 | N.Y. App. Div. | 1964
Judgment convicting defendant of sodomy and associated crimes, unanimously reversed, on the law and on the facts, and a new trial ordered. The proof of guilt of defendant was established beyond a reasonable doubt. Nevertheless, we are required to direct a new trial because of errors which affected the substantial rights of defendant and may not be classified as technical errors or defects within the meaning of section 542 of the Code of Criminal Procedure. It was error for the trial court, at the behest of the District Attorney, to refuse to permit the defense to inspect those portions of defendant’s statements not offered in evidence by the People unless the defense introduced them in evidence. Counsel for defendant was entitled