PEOPLE v. MATONTI


53 A.D.2d 1022 (1976)

The People of the State of New York, Respondent, v. Arthur J. Matonti, Jr., Appellant

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

July 12, 1976


Judgment unanimously reversed, on the law and facts, and a new trial granted.

Memorandum:

Defendant appeals from his conviction of criminal possession of a dangerous weapon in the third degree, contending that (1) due process of law was denied to him by refusal of the trial court to sever his joint trial with his codefendants, (2) his Fifth Amendment right to remain silent upon his arrest was violated by repeated testimony and comments thereon at trial, (3...

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