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People v. Allen

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 22, 1939
258 App. Div. 854 (N.Y. App. Div. 1939)

Opinion

November 22, 1939.

Present — Sears, P.J., Lewis, Cunningham, Taylor and Dowling, JJ.


Judgment of conviction and order affirmed. Memorandum: While in this case it was error to receive the testimony of Susanna Hinds, Luella Dedell and Mary Dedell, on the whole record we reach the conclusion that the testimony of these witnesses was not of sufficient importance to warrant a reversal. The affirmance, therefore, is by virtue of section 542 of the Code of Criminal Procedure. All concur, except Dowling, J., who dissents and votes for reversal and for granting a new trial on the ground that the admission of the evidence of the witnesses above mentioned constitutes reversible error particularly in view of the cross-examination of defendant and because this testimony had a marked tendency to divert the attention of the jury from the question of the alibi and of the defendant's attack upon his confession. (The judgment convicts defendant of the crime of violation of section 483-a of the Penal Law. The order denies a motion for a new trial.)


Summaries of

People v. Allen

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 22, 1939
258 App. Div. 854 (N.Y. App. Div. 1939)
Case details for

People v. Allen

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL EUGENE ALLEN…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 22, 1939

Citations

258 App. Div. 854 (N.Y. App. Div. 1939)