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PEOPLE v. GUNNER

15 N.Y.2d 226 (1965)

The People of the State of New York, Respondent-Appellant, v. Douglas MacArthur Gunner, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided March 11, 1965.

Attorney(s) appearing for the Case

Edward Cherney and Edmund Allen Rosner for appellant-respondent.

William Cahn, District Attorney (Henry P. De Vine of counsel), for respondent-appellant.

Chief Judge DESMOND and Judges DYE, BURKE and BERGAN concur with Judge FULD; Judge VAN VOORHIS concurs in result and considers that the new trial which is ordered should be conducted in the manner prescribed by the opinion of Judge SCILEPPI and the concurring opinion of BELDOCK, P. J., at the Appellate Division; Judge SCILEPPI dissents in part in a separate opinion.

FULD, J.

The Appellate Division has reversed the defendant's conviction of felony murder, for which he was sentenced to life imprisonment, and ordered a new trial on the ground that a number of pretrial statements made by him were improperly received in evidence. Since there was ample proof to support the jury's verdict of guilt, even without the challenged statements, and since the People acknowledge that at...

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