PEOPLE v. McCRACKEN


19 A.D.2d 854 (1963)

The People of the State of New York, Respondent, v. John McCracken, Appellant

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

October 31, 1963


Judgment unanimously reversed on the law and facts and new trial granted.

Memorandum:

During the course of their deliberations the jury inquired if they might recommend leniency "for any one or all of the defendants". They were informed in substance by the trial court that while there was no statutory provision for such action they were not forbidden to do so, and if they wished, might do so. Prompt exception to the instruction was taken by appellant's counsel...

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