PEOPLE v. CHAMBERS


125 A.D.2d 88 (1987)

The People of the State of New York, Respondent, v. Junius Chambers, Appellant

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

February 26, 1987


Attorney(s) appearing for the Case

Miriam J. Hibel of counsel (David P. Friedman with her on the brief; Philip L. Weinstein, attorney), for appellant.

Barbara A. Sheehan of counsel (Mark Dwyer with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

SULLIVAN and KASSAL, JJ., concur with CARRO, J; SANDLER, J. P., and WALLACH, J., dissent in an opinion by SANDLER, J. P.


CARRO, J.

While we reject defendant's argument that the circumstantial evidence against him was insufficient to prove his guilt of murder in the second degree and other related crimes beyond a reasonable doubt, we do agree that he was deprived of a fair trial when the trial court admitted into evidence the double hearsay statement of the deceased that defendant told her he intended to visit her at her apartment...

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