PEOPLE v. CANNIZZARO


1 N.Y.2d 167 (1956)

The People of the State of New York, Respondent, v. John Cannizzaro, Appellant.

Court of Appeals of the State of New York.

Decided April 27, 1956.


Attorney(s) appearing for the Case

John I. O'Day and Nathan D. Seeberg for appellant.

Ralph S. Cramer, District Attorney, for respondent.

CONWAY, Ch. J., DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.


DESMOND, J.

The trial court stretched section 8-a of the Code of Criminal Procedure much too far when it submitted to the jury the whole content of the extrajudicial statement of defendant's father including its obviously hearsay, conclusory and prejudicial reference to "the night that he [defendant] burned the hotel". But it would be going too far in the opposite direction to hold that section 8-a did not authorize...

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