Appellate Division of the Supreme Court of New York, 1967

People v. Ciavarella

People v. Ciavarella
Appellate Division of the Supreme Court of New York · Decided April 3, 1967
27 A.D.2d 937; 280 N.Y.S.2d 912; 1967 N.Y. App. Div. LEXIS 4526
People v. Ciavarella

Opinion of the Court

Judgments of the Supreme Court, Queens County, rendered December 15, 1965, and January 5, 1966, reversed, on the law, and a new trial granted. The findings of fact implicit in the jury’s verdict are affirmed. Under the circumstances disclosed by this record, the admission of prejudicial testimony as to the previous identification of defendants requires a reversal of their convictions and a new trial (People v. Caserta, 19 N Y 2d 18; People v. Mantesta, 27 A D 2d 748; People v. Trowbridge, 305 N. Y. 471; People v. Hagedorny, 272 App. Div. 830). Beldock, P. J., Ughetta, Christ, Rabin and Benjamin, JJ., concur.

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