Summary
In People v. Washington (75 N.Y.2d 740), the Court of Appeals reversed Washington's conviction for the reasons stated in the dissenting opinion of Justice John Carro (151 A.D.2d 384, 385) and ordered a new trial.
Summary of this case from People v. SmithOpinion
Decided December 14, 1989
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, William Wallace, III, J.
Ira Mickenberg and Barry R. Strutt for appellant.
Robert T. Johnson, District Attorney (Jonathan R. Walsh of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed and a new trial ordered for the reasons stated in the dissenting memorandum of Justice John Carro at the Appellate Division ( 151 A.D.2d 384, 385).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.