PEOPLE v. CONIGLIARO


20 A.D.2d 930 (1964)

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

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

April 27, 1964


Judgment reversed on the law and new trial granted. The findings of fact implicit in the jury's verdict are affirmed.

The prosecutor's repetitious references at the trial, during examination of a police officer and during his summation, to the fact that defendant had refused to make a statement after he had submitted himself to arrest deprived him of a fair trial. Although the trial court: (a) correctly struck out testimony that defendant had refused to make such...

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