From Casetext: Smarter Legal Research

People v. Baldiseno

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 29, 1943
266 App. Div. 909 (N.Y. App. Div. 1943)

Summary

In People v. Baldiseno (266 App. Div. 909) an indictment charging grand larceny was dismissed where it was shown that the defendant was with those who committed the larceny and ran away from the scene of the crime with them. The facts in that case were more convincing than those presented in the instant case to establish guilt.

Summary of this case from People v. Hodgson

Opinion

June 29, 1943.

Present — Crosby, P.J., Taylor, Dowling, Harris and McCurn, JJ.


Judgment of conviction and order reversed on the law and facts and indictment dismissed. Memorandum: We find no evidence in the record tending to connect the defendant with the commission of the crime for which he has been convicted. The fact that he was with the boys who committed the larceny and that he ran away from the scene of the crime with them is not sufficient to establish that he aided, abetted or otherwise participated in the crime or that he was their accomplice. ( People v. Ligouri, 284 N.Y. 309; People v. Cohen, 223 N.Y. 406; People v. Weiss, 290 N.Y. 160.) Since all the available proof was produced at the trial, a new trial would serve no useful purpose. The judgment, therefore, should be reversed and the indictment dismissed. All concur. (The judgment convicts defendant of the crime of grand larceny, first degree. The order denies a motion for a new trial.)


Summaries of

People v. Baldiseno

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 29, 1943
266 App. Div. 909 (N.Y. App. Div. 1943)

In People v. Baldiseno (266 App. Div. 909) an indictment charging grand larceny was dismissed where it was shown that the defendant was with those who committed the larceny and ran away from the scene of the crime with them. The facts in that case were more convincing than those presented in the instant case to establish guilt.

Summary of this case from People v. Hodgson

In People v. Baldiseno (266 App. Div. 909) the indictment charging grand larceny was dismissed where it was shown that the defendant was "with the boys who committed the larceny and that he ran away from the scene of the crime with them" on the ground that these facts were insufficient "to establish that he aided, abetted or otherwise participated in the crime or that he was their accomplice."

Summary of this case from People v. Saas
Case details for

People v. Baldiseno

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT BALDISENO…

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

Date published: Jun 29, 1943

Citations

266 App. Div. 909 (N.Y. App. Div. 1943)

Citing Cases

People v. Sclafani

The association of defendant and Lubin in their respective employment capacities, without anything else, is…

People v. Saas

Sufficient evidence connecting the defendant with the crime charged must be presented to warrant submission…