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PEOPLE v. DI MASI

15 A.D.2d 823 (1962)

The People of the State of New York, Respondent, v. Joseph Di Masi, Appellant

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

February 26, 1962

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

Defendant contends, inter alia, that the introduction into evidence of a codefendant's statement inculpating him was prejudicial and deprived him of a fair trial, even though the trial court thereafter instructed the jury that the statement was binding upon the declarant only, and not binding upon the defendant (cf. People v. Lombard, 4 A.D.2d 666

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