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37 A.D.2d 970

People v. Sanchez

Appellate Division of the Supreme Court of the State of New York · decided 1971-11-08

Decided 1971-11-08

¶1Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered November 7, 1969, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed. No opinion. Martuseello, Acting P. J., Shapiro, Brennan and Benjamin, JJ., concur; Gulotta, J., dissents and votes to reverse the judgment and grant a new trial, with the following memorandum: The errors committed by the District Attorney upon the opening, together with other cumulative errors, particularly the introduction of evidence of a stolen 1965 GTO automobile which was unrelated to the present charge, deprived defendant of a fair trial. The jury’s request to have the stolen car testimony reread emphasizes its influence upon their minds. Their deliberations took some seven hours.

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