PEOPLE v. JENNER


29 N.Y.2d 695 (1971)

The People of the State of New York, Respondent, v. Henry Jenner, Appellant.

Court of Appeals of the State of New York.

Decided October 14, 1971.


Attorney(s) appearing for the Case

Dennis B. Schlenker for appellant.

Robert H. Ecker, District Attorney, for respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and GIBSON. Dissent: Judges SCILEPPI and JASEN.


Order reversed and a new trial ordered in the following memorandum: Defendant's conviction for conspiracy to sell dangerous drugs to a minor was based in part on testimony of codefendants named in the conspiracy indictment. Given the naming of the witnesses as coconspirators and defendants in the indictment, and emphasized by the evidence in the record connecting the codefendants with the conspiracy, the Trial Judge should have instructed the jury that the codefendants were...

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