PEOPLE v. YAZUM


13 N.Y.2d 302 (1963)

The People of the State of New York, Appellant, v. John J. Yazum, Also Known as Larry Jamison, Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1963.


Attorney(s) appearing for the Case

John T. Casey, District Attorney (Pierce H. Russell of counsel), for appellant.

Francis Warren Travers for respondent.

Chief Judge DESMOND and Judges DYE and SCILEPPI concur with Judge BURKE; Judges FULD, VAN VOORHIS and FOSTER dissent and vote to affirm for the reasons stated in the opinion at the Appellate Division.


BURKE, J.

This appeal concerns the admissibility of evidence of flight in a criminal prosecution. Defendant's conviction for robbery rested, in part, upon testimony that he attempted to escape from custody. After the jury returned its verdict of guilty, defense counsel moved to set aside the verdict on the ground that the evidence of flight was inadmissible because, at the time of the attempted escape, defendant...

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