PEOPLE v. MENDEZ


12 A.D.2d 588 (1960)

The People of the State of New York, Respondent, v. Rafael Mendez, Appellant

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

December 6, 1960


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

Defendant and respondent in their summations addressed themselves to the issue of frame-up. After the case was submitted to the jury, the jury returned three times with questions. The third inquiry was as follows: "`With ever [sic] reference to frameup or setup, was the Judge [sic] ruling that it be stricken from the record?' * * * `Are we, as jurors, allowed to determine...

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