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PEOPLE v. BRADY

14 A.D.2d 575 (1961)

The People of the State of New York, Respondent, v. Joseph Michael William Brady, Appellant

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

July 11, 1961

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

In our opinion, it was prejudicial error to allow the jury to consider a plea of guilty which had been withdrawn by permission of the court, and to permit the prosecutor on the People's case in chief to use such plea as proof of the defendant's guilt (People v. Spitaleri, 9 N.Y.2d 168). The prosecutor's repeated references to such prior plea of guilt in...

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