PEOPLE v. KARL


17 Misc.2d 464 (1959)

The People of the State of New York, Respondent, v. Charles F. Karl, Appellant.

County Court, Schenectady County.

April 17, 1959.


Attorney(s) appearing for the Case

Killeen & Bradt (Henry Bradt of counsel), for appellant.

Morris Marshall Cohn, District Attorney (W. Albert De Matteo of counsel), for respondent.


ARCHIBALD C. WEMPLE, J.

The conviction herein must be reversed on two basic grounds. They are prejudice to the rights of the defendant in the statements contained in the information and the statement of the Assistant District Attorney in his opening and secondly in failure of proof.

The reference in the information to the vehicle operated by Gerald Jerome Williams leaving the highway was unnecessary and prejudicial. By its inclusion there was...

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