PEOPLE v. COLON


64 A.D.2d 553 (1978)

The People of the State of New York, Respondent, v. Francisco Colon, Appellant

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

July 13, 1978


Murphy, P. J., dissents in a memorandum as follows:

At sentencing, the trial court stated that it would have rendered a verdict of not guilty had it been the trier of facts. I do not find that the verdict was against the weight of the evidence. However, in this extremely close case, the record must be carefully scrutinized to determine whether prejudicial error was committed. CPL 60.35 (subd 1) reads as follows: "1. When, upon examination by the party...

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