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PEOPLE v. CIAVARELLA

27 A.D.2d 937 (1967)

The People of the State of New York, Respondent, v. Saverio Ciavarella and Frank Nappi, Appellants

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

April 3, 1967

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

Under the circumstances disclosed by this record, the admission of prejudicial testimony as to the previous identification of defendants requires a reversal of their convictions and a new trial (People v. Caserta, 19 N.Y.2d 18; People v. Mantesta, 27 A.D.2d 748; People...

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