PEOPLE v. BARCA


9 A.D.2d 920 (1959)

The People of the State of New York, Respondent, v. Peter Barca, Appellant

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

December 21, 1959


Judgment reversed upon the law and the facts, and a new trial ordered.

In our opinion, while the learned Trial Judge's charge to the jury was free of error and bias, the cumulative effect of a number of incidents, occurring during the course of trial and summation, served to deprive appellant and his codefendant, Gaetano Coletti, of a fair trial. The major issue of fact was the identification of the appellant and his codefendant, who were arrested about six months...

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