Appellate Division of the Supreme Court of New York, 1976

People v. Riservato

People v. Riservato
Appellate Division of the Supreme Court of New York · Decided January 19, 1976
51 A.D.2d 561; 378 N.Y.S.2d 456; 1976 N.Y. App. Div. LEXIS 10821
People v. Riservato

Opinion of the Court

Appeal bydefendant 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 *562discretion 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 US 123). Rabin, Acting P. J., Hopkins, Latham, Margett and Christ, JJ., concur.

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