PEOPLE v. MINUTO


43 A.D.2d 574 (1973)

The People of the State of New York, Respondent, v. Mario Minuto, Appellant

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

November 12, 1973


Judgment reversed, on the law and the facts, new trial ordered and case remanded to the trial court for further proceedings not inconsistent herewith.

At the trial a statement obtained by an Assistant District Attorney was received into evidence. The statement was taken from defendant at a time when he had been indicted for the crime for which he was ultimately convicted. It is true that that indictment was subsequently superseded, but for all intents and purposes...

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