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292 N.Y. 230

54 N.E.2d 376

People v. Bernoff

New York Court of Appeals

Decided March 10, 1944

New York Court of Appeals · decided 1944-03-10

I. The court erred in admitting much unconnected and irrelevant evidence of a fatally prejudicial character, over defendants’ objections and exceptions and motions to strike and for the declaration of a mistrial. Though this evidence -ultimately was stricken at the end of the trial before the case was submitted to the jury, it constituted such prejudice that defendants, in consequence, did not have the fair and impartial trial to which they were entitled.

Cited by 2 later decisions — most recently June 1945

2 state decisions

Relies on People v. Bernoff, McAdam, Gabaeff, Taylor, Green

Good law ✅— No negative treatment on recordhow we know

Decided 1944-03-10

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Per Curiam.

¶1 All of the appellants above named were found guilty of conspiracy to extort and of various separate crimes of extortion. We conclude that as to appellants Bernoff, McAdam, Gabaeff, Taylor, Green, Blume and Murphy, the evidence is sufficient on all the counts on which they were found guilty and that there were no serious errors on the trial. As to appellants Lichtenstein and Buckley, however, we come to a different conclusion. As to appellant Lichtenstein there was no sufficient corroboration of the testimony of the' accomplice Kennedy and as to appellant Buckley there is no . sufficient showing that he knowingly joined the conspiracy or knowingly did anything to further it, or that he was guilty of any of the alleged acts of extortion.

¶2 As to the defendants Abraham Lichtenstein and Jeremiah Buckley the judgment should be reversed and the indictment dismissed as to them; as to the other defendants, the judgment should be affirmed. (See 292 N. Y. 642.)

Ch. J., LoughkaN, Bippey, Lewis, DesmoNd and Thacher, JJ., concur. ;

¶3 Judgment accordingly.

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