PEOPLE v. CAPRIO


25 A.D.2d 145 (1966)

The People of the State of New York, Respondent, v. Pasquale Caprio, Appellant

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

March 14, 1966.


Attorney(s) appearing for the Case

Peter J. O'Connor for appellant.

William Cahn, District Attorney (Richard D. Longworth of counsel), for respondent.

UGHETTA, Acting P. J., BRENNAN and HILL, JJ., concur with HOPKINS, J.; CHRIST, J., dissents in a separate opinion and votes to reverse the judgment and dismiss the indictment.


HOPKINS, J.

The defendant was indicted and convicted of the crimes of burglary in the third degree and grand larceny in the second degree. Proof of his guilt depends in large part on the testimony and a pretrial written statement of Peter Thomashefsky, an alleged accomplice. The defendant challenges that testimony and, in particular, the admissibility of that statement. We deal with those questions here.

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