Appellate Division of the Supreme Court of New York, 1976

People v. Donovan

People v. Donovan
Appellate Division of the Supreme Court of New York · Decided December 20, 1976
55 A.D.2d 655; 390 N.Y.S.2d 594; 1976 N.Y. App. Div. LEXIS 15409
People v. Donovan

Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 9, 1973, convicting him of robbery in the first degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. No findings of fact were presented for review. The trial court should have granted defendant’s request to charge, with respect to the prior contradictory statement, pursuant to the provisions of CPL 60.35 (subd 2). With commendable candor, the District Attorney has acquiesced in this disposition of the appeal. Rabin, Acting P. J., Shapiro, Titone and Suozzi, JJ., concur.

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