PEOPLE v. ROSSI


14 A.D.2d 558 (1961)

The People of the State of New York, Respondent, v. Albert O. Rossi, Appellant

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

July 5, 1961


Judgment reversed on the law and a new trial granted.

The findings of fact implicit in the jury's verdict have not been considered. The trial court erred in failing to tell the jury explicitly that whether defendant's patients were accomplices was a question of fact for them to decide. The trial court also erred in charging the jury that if they found the patients to be accomplices, then there was sufficient evidence in the record to corroborate them. Such a charge...

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