PEOPLE v. WILKIE


286 A.D. 835 (1955)

The People of the State of New York, Respondent, v. Joseph Wilkie, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 28, 1955.


Per Curiam.

The jury has found the defendant guilty on evidence sufficient to sustain the verdict. However, on this appeal the issue is not the guilt or innocence of the defendant, but simply whether he has received a fair trial. If mere technical errors were committed not affecting a substantial right, we might affirm the judgment of conviction (Code Crim. Pro., § 542). The failure, however, to accord a fair trial is not a mere technical error and affects...

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