PEOPLE v. MULKERRIN


35 A.D.2d 1067 (1970)

The People of the State of New York, Respondent, v. Robert Mulkerrin, Appellant

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

December 3, 1970


Judgment unanimously affirmed.

Memorandum:

It was error to deny defendant's request to remove from the jury's view certain articles which the court refused to admit into evidence. The record reveals that the prosecution acted in good faith in having these items marked for identification but failed to lay a proper foundation for their admission into evidence. Furthermore, the court instructed the jury that they were not to consider exhibits not received in...

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