PEOPLE v. DUNCAN


13 N.Y.2d 37 (1963)

The People of the State of New York, Respondent, v. Herbert B. Duncan, III, Appellant.

Court of Appeals of the State of New York.

Decided June 6, 1963.


Attorney(s) appearing for the Case

Lester H. Rappaport for appellant.

John J. Conway, Jr., District Attorney (Stephen K. Pollard of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur.


FULD, J.

The defendant was convicted of crimes of forgery and larceny and a closely divided Appellate Division affirmed the resulting judgment. The evidence being more than ample to support the jury's verdict, our sole problem is to determine whether prejudicial error was committed which requires reversal and a new trial.

The record establishes that the defendant, who shared an apartment in Rochester with...

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