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People v. Ramos

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1970
34 A.D.2d 1019 (N.Y. App. Div. 1970)

Opinion

June 29, 1970


Separate appeals by defendants from two judgments (each as to a different one of the defendants) of the Supreme Court, Kings County, both rendered April 25, 1969, convicting them of burglary in the third degree and petit larceny, upon a jury verdict. Judgments affirmed. No opinion. Christ, P.J., Rabin and Munder, JJ., concur; Hopkins and Martuscello, JJ., concur in affirmance of judgment against Perez, but otherwise dissent and vote to reverse the judgment against defendant Ramos and to dismiss the indictment insofar as it is against him, with the following memorandum: The People proved that defendant Perez, carrying a television set that had been taken from a locked bedroom, descended the building's stoop and that defendant Ramos, closing the vestibule door, thereafter descended the stoop and walked alongside Perez until they were arrested. In our opinion, though the evidence supported Perez's conviction ( Knickerbocker v. People, 43 N.Y. 177; People v. Foley, 307 N.Y. 490), it was legally insufficient to prove that Ramos was his accomplice (see People v. Cleague, 22 N.Y.2d 363; People v. Kohn, 251 N.Y. 375).


Summaries of

People v. Ramos

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1970
34 A.D.2d 1019 (N.Y. App. Div. 1970)
Case details for

People v. Ramos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GILBERTO RAMOS and…

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

Date published: Jun 29, 1970

Citations

34 A.D.2d 1019 (N.Y. App. Div. 1970)