Appellate Division of the Supreme Court of New York, 1971

People v. Carroll

People v. Carroll
Appellate Division of the Supreme Court of New York · Decided December 16, 1971
38 A.D.2d 637; 1971 N.Y. App. Div. LEXIS 2687
People v. Carroll

Opinion of the Court

Motion for reargument granted, and upon reargument the court adheres to its original decision. An error committed in transcription made it appear that the trial court charged section 165.50 instead of section 165.55 of the Penal Law. It now appears that section 165.55 was in fact charged. However, the cumulative effect of the remaining errors in the charge deprived appellant of a fair trial (CPL 470.15, subd. 6, par. [a]). Herlihy, P. J., Greenblott, Cooke, Sweeney and Simons, JJ., concur.

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