282 N.Y. 511
27 N.E.2d 30
Decided April 16, 1940
New York Court of Appeals · decided 1940-04-16
Good law ✅— No negative treatment on recordhow we know
Decided 1940-04-16
Cited by 10 later decisions — most recently January 1973
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1 We agree with the Appellate Division that the attempted proof of other crimes was erroneously admitted. The only question that remains is whether the error may be overlooked as immaterial. Its nature was such that it seems impossible to say that it was not prejudicial to the defendant.
¶2 The judgments should be reversed and a new trial ordered.
¶3 Lehman, Ch. J., Loughran, Finch, Rippey and Conway, JJ., concur; Sears and Lewis, JJ., taking no part.
¶4 Judgments reversed, etc.