Appellate Division of the Supreme Court of New York, 1965

People v. Caparelli

People v. Caparelli
Appellate Division of the Supreme Court of New York · Decided May 3, 1965
23 A.D.2d 853; 259 N.Y.S.2d 812; 1965 N.Y. App. Div. LEXIS 4323
People v. Caparelli

Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 10, 1963 after a jury trial, convicting him of burglary in the third degree and petit larceny, and imposing sentence. Judgment reversed on the law and the facts, and a new trial ordered. In our opinion, the present defendant is in substantially the same position as the defendant in People v. Caparelli (21 A D 2d 882). What was said in that decision relative to the right of a defendant to have an opportunity to ascertain whether a codefendant will testify on his behalf, is applicable to the present case. Brennan, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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