PEOPLE v. HAYDEN


37 A.D.2d 945 (1971)

The People of the State of New York, Respondent v. Joseph Hayden, Appellant

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

November 16, 1971


Although there is sufficient proof to sustain the verdict of guilty by the jury, we are forced to reverse the conviction because of the error of the trial court in consolidating indictment No. 1293/69, charging the shooting incident of September 28, 1968, with indictment No. 1774-70, charging the shooting incident of October 23, 1968. In this connection, it is fair to note that, unfortunately, and apparently unintentionally, the Assistant District Attorney misinformed the...

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