PEOPLE v. DINAN


15 A.D.2d 786 (1962)

The People of the State of New York, Respondent, v. Floyd Dinan, Appellant The People of the State of New York, Respondent, v. Frank Poplees, Also Known as Frank Day, True Name Francis W. Day, Appellant The People of the State of New York, Respondent, v. Albert Bricker, Appellant. (Consolidated Appeals.)

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

February 5, 1962


Judgment affirmed.

The denial of the motion for a new trial based on the posttrial recantation statement of the witness Atamanchuk, was proper; and it was also a proper exercise of discretion to deny such motion without a hearing. There is no question that the identification of the voice of defendant on the tapes was accurate. The identification was corroborated by other evidence. The trial court did not give credence to the posttrial statement. Hence, there was insufficient...

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