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PEOPLE v. MILLER

14 N.Y.2d 520 (1964)

The People of the State of New York, Respondent, v. Richard Miller, Defendant, and Robert Jackson, Appellant.

Court of Appeals of the State of New York.

Decided February 20, 1964.

Attorney(s) appearing for the Case

Betty D. Friedlander for appellant.

George R. Blair, District Attorney (Thomas M. Daley and John M. Frysiak of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, SCILEPPI and BERGAN. Dissent: Judge BURKE.

Judgment reversed and a new trial ordered. Evidence of the conference between defendant and the Assistant District Attorney after defendant had been arraigned was improperly received (People v. Meyer, 11 N.Y.2d 162).

Judge BURKE dissents and votes to affirm upon the ground that the slight error does not warrant a reversal. The testimony given by Officer Finear was given when he was called as a witness for defendant...

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