AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW RISERVATO, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered March 26, 1975, convicting him of the crime of attempted robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Defendant was denied a fair trial because (1) reference was made in the prosecutor's opening and closing remarks to a pretrial identification which had been suppressed upon consent of the prosecutor; (2) the trial court permitted testimony of that pretrial identification to be received in evidence; and (3) the trial court received in evidence an admission by a codefendant who did not testify, which admission implicated the defendant (Bruton v United States, 391 U.S. 123). Rabin, Acting P.J., Hopkins, Latham, Margett and Christ, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. RISERVATO
(Jan 19, 1976)