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People v. Riservato

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1976
51 A.D.2d 561 (N.Y. App. Div. 1976)

Opinion

January 19, 1976


Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered March 26, 1975, convicting him of the crime of attempted robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Defendant was denied a fair trial because (1) reference was made in the prosecutor's opening and closing remarks to a pretrial identification which had been suppressed upon consent of the prosecutor; (2) the trial court permitted testimony of that pretrial identification to be received in evidence; and (3) the trial court received in evidence an admission by a codefendant who did not testify, which admission implicated the defendant (Bruton v United States, 391 U.S. 123). Rabin, Acting P.J., Hopkins, Latham, Margett and Christ, JJ., concur.


Summaries of

People v. Riservato

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1976
51 A.D.2d 561 (N.Y. App. Div. 1976)
Case details for

People v. Riservato

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW RISERVATO…

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

Date published: Jan 19, 1976

Citations

51 A.D.2d 561 (N.Y. App. Div. 1976)

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