PEOPLE v. De CURTIS


53 Misc.2d 532 (1967)

The People of the State of New York, Plaintiff, v. Eddie De Curtis, Also Known as Eddie Toy, John Vignini, Also Known as John Vincent, and Daniel Fatico, Defendants.

District Court of Nassau County, First District.

April 18, 1967


Attorney(s) appearing for the Case

George Mulry for Eddie De Curtis, defendant. Philip Vitello for John Vignini and another, defendants. William Cahn, District Attorney, for plaintiff.


JOHN S. LOCKMAN, J.

The defense moves for a mistrial because the prosecutor, in opening to the jury, stated that an admission was made by the defendant although no notice of intention to use admissions at the trial was served in accordance with section 813-f of the Code of Criminal Procedure.

The People contend that this section relates only to admissions made to police because it was enacted to comply with the requirements established by Jackson...

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