¶1Judgment, Supreme Court, New York County, rendered September 19, 1973, convicting defendant after a jury trial of robbery, first degree, assault, first degree, attempted assault, and possession of a weapon as a felony, and imposing sentence, unanimously affirmed. Any difficulty in reconciling the apparent inconsistency between the crimes charged against defendant and his prior character, habits and reputation was resolved by the jury after a trial that we find free of any prejudicial error. Nevertheless, we suggest that the inconsistent factors above mentioned should appropriately be given early scrutiny by the Parole Board toward ameliorating the consequences of any claimed miscarriage of justice arising out of the conviction. Concur—Kupferman, J. P., Lupiano, Birns, Silverman and Nunez, JJ.
53 A.D.2d 821
People v. Gruttola
Appellate Division of the Supreme Court of the State of New York
Decided July 6, 1976
Appellate Division of the Supreme Court of the State of New York · decided 1976-07-06
Cited by 1 later decisions — most recently January 1981
1 federal appellate ·
Key passage — most relied on by later courts
“after a trial that we find free of any prejudicial error.”
quoted by 1 later decision, including Gruttola v. Hammock
Good law ✅— No negative treatment on recordhow we know
Decided 1976-07-06
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