PEOPLE v. GUERRA


30 A.D.2d 659 (1968)

The People of the State of New York, Respondent, v. Emilio Guerra, Alfredo Rodriguez and Eugenio Hernandez, Appellants

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

June 27, 1968


Judgments of conviction of Emilio Guerra and Alfredo Rodriguez unanimously reversed, on the law, and a new trial of said defendants ordered. Judgment of conviction of defendant Eugenio Hernandez unanimously affirmed.

The self-incriminating statements by Guerra and Rodriguez, to which Detective Bermudez testified, should have been excluded. These two defendants were given neither the notice prescribed by section 813-f of the Code of Criminal Procedure, nor, when arrested...

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