From Casetext: Smarter Legal Research

People v. Carbonell

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1975
49 A.D.2d 604 (N.Y. App. Div. 1975)

Opinion

July 14, 1975


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 24, 1973, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. No opinion. Rabin, Acting P.J., Martuscello, Brennan and Shapiro, JJ., concur; Cohalan, J., dissents and votes to reverse and order a new trial, with the following memorandum: The ineptitude of defense counsel (People v LaBree, 34 N.Y.2d 257), plus the improper trial tactics of the prosecutrix, and her inflammatory remarks in summation, all combined to deprive defendant of a fair trial. I would reverse, on the law and as a matter of discretion in the interest of justice, and order a new trial (People v Garcia, 40 A.D.2d 983).


Summaries of

People v. Carbonell

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1975
49 A.D.2d 604 (N.Y. App. Div. 1975)
Case details for

People v. Carbonell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDERICK E…

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

Date published: Jul 14, 1975

Citations

49 A.D.2d 604 (N.Y. App. Div. 1975)