PEOPLE v. CAVALLERIO


71 A.D.2d 338 (1979)

The People of the State of New York, Respondent, v. Manuel Cavallerio and Anthony Colabella, Appellants

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

December 11, 1979


Attorney(s) appearing for the Case

Robert Koppelman for Manuel Cavallerio, appellant.

Lynn W. L. Fahey of counsel (Carol Berkman with her on the brief; William E. Hellerstein, attorney), for Anthony Colabella, appellant.

Allen H. Saperstein of counsel (Billie Manning with him on the brief; Mario Merola, District Attorney), for respondent.

KUPFERMAN, J. P., BIRNS, MARKEWICH and LYNCH, JJ., concur.


ROSS, J.

Defendants appeal from their conviction of rape in the first degree, rendered on April 17, 1978, following a jury trial. Both defendants were sentenced to an indeterminate term of imprisonment not to exceed six years.

Reversal is sought on numerous grounds; the primary question is whether the total effect of various trial errors, of a questionable and prejudicial character, may have effectively...

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