PEOPLE v. BEHLING


26 N.Y.2d 651 (1970)

The People of the State of New York, Respondent, v. Larry Behling, Appellant.

Court of Appeals of the State of New York.

Decided January 7, 1970.


Attorney(s) appearing for the Case

Stephen F. Harmon for appellant.

Eugene Gold, District Attorney (William I. Siegel of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.


Per Curiam.

A hearing solely to determine defendant's or his lawyer's knowledge of the codefendant's recantation would not yield a decisive result. Regardless of whether defendant or his trial lawyer knew of the former codefendant's recantation of statements involving defendant in the instant crime, it was not permissible for the prosecutor to advise the jury in summation that the codefendant had so implicated defendant...

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