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People v. Martire

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1943
266 App. Div. 361 (N.Y. App. Div. 1943)

Opinion

June 22, 1943.

Appeal from Court of Special Sessions of the City of New York, New York County, NORTHROP and DOYLE, JJ.; McDONALD, P.J.

Arthur M. Laufer for appellant.

George Raducan of counsel ( Bernard L. Alderman with him on the brief; Frank S. Hogan, District Attorney), for respondent.


The admission of evidence of other alleged crimes constituted error which requires reversal of the judgment. It does not appear that these alleged crimes were part of any general plan or scheme which included the offense charged in the information nor did they tend to establish the defendant's criminal intent in relation to that offense. ( People v. Horie, 258 App. Div. 246. )

The judgment of conviction should be reversed and a new trial granted.

UNTERMYER, DORE, COHN and CALLAHAN, JJ., concur; MARTIN, P.J., concurs in result.

Judgment unanimously reversed and a new trial ordered.


Summaries of

People v. Martire

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1943
266 App. Div. 361 (N.Y. App. Div. 1943)
Case details for

People v. Martire

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROSEMARY MARTIRE…

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

Date published: Jun 22, 1943

Citations

266 App. Div. 361 (N.Y. App. Div. 1943)
42 N.Y.S.2d 327