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People v. Rehm
216 N.Y.S.2d 342
| N.Y. App. Div. | 1961
|
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Appeal by defendant from a judgment of the County Court, Nassau County, rendered February 28, .1958, convicting him of burglary in the third-degree and grand larceny in the second degree, after a jury trial, and sentencing him to serve 5 to 10 years on the burglary count and 2y2 to 5 years on the larceny count, the sentences to run consecutively. Judgment feversed on the law and the facts and a new trial ordered. In our opinion, it was prejudicial error to allow the jury to consider the defendant’s withdrawn plea of guilty (People v. Spitaleri, 9 N Y 2d 168). The repeated references to such plea, which was also mentioned in the court’s charge to the jury, deprived the defendant of a fair trial. We do not pass upon the other alleged errors. -Nolan, P. J., Beldoek, Kleinfeld, Christ and Pette, JJ., concur.

Case Details

Case Name: People v. Rehm
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: May 31, 1961
Citation: 216 N.Y.S.2d 342
Court Abbreviation: N.Y. App. Div.
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