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People v. Di Masi
15 A.D.2d 823
| N.Y. App. Div. | 1962
|
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Defendant contends, inter alia, that the introduction into evidence of a codefendant’s statement inculpating him was prejudicial and deprived him of a fair trial, even though the trial court thereafter instructed the jury that the statement was binding upon the declarant only, and not binding upon the defendant (cf. People v. Lombard, 4 A D 2d 666; People v. Copeland, 12 A D 2d 942; People v. Schwarz, 10 A D 2d 17; People v. Feolo, 282 N. Y. 276; People v. La Ruffa, 2 A D 2d 765). We do not now pass upon the merits of this contention since we believe that in any event, under all the circumstances, a new trial should be had in the interests of justice. Upon the new trial the trial court will be in a better position, in the light of the authorities cited, to determine the admissibility of *824any evidence which may be adduced with respect to said codefendant’s statement. Ughetta, Acting P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.

Case Details

Case Name: People v. Di Masi
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Feb 26, 1962
Citation: 15 A.D.2d 823
Court Abbreviation: N.Y. App. Div.
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