PEOPLE v. DE MORE


45 Misc.2d 872 (1965)

The People of the State of New York, Respondent, v. John De More, Donald McClaren, Terge Len and Edward Mountford, Appellants.

Supreme Court, Appellate Term, Second Department.

March 3, 1965


Attorney(s) appearing for the Case

Koffler, Flower & Plotka (Jules H. Rosenberg of counsel), for John De More, appellant. Caldeira & Rosenberg (Jules H. Rosenberg of counsel), for Donald McClaren, appellant. Hull & Donnelly (Warren E. Donnelly of counsel), for Terge Len, appellant. Louis J. Caligiuri for Edward Mountford, appellant. Bernard C. Smith, District Attorney (Charles T. Matthews of counsel), for respondent.

Concur — DI GIOVANNA, GULOTTA and SCHWARTZWALD, JJ.


Per Curiam.

The trial court had no power to order a consolidation because the separate information filed against each defendant failed to allege the existence of a common scheme or plan or concerted action by the defendants as required by section 279 of the Code of Criminal Procedure. Thus each defendant was deprived of a fundamental right to a separate trial upon the evidence adduced in the case against him alone...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases