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People v. Di Carlo

The People of the State of New York v. James Di Carlo

People v. Carlo, 242 A.D. 328 (1934)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
November 9, 1934
Citations
242 A.D. 328275 N.Y.S. 401934 N.Y. App. Div. LEXIS 6059

Opinion of the Court

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Per Curiam.

The issue as to the guilt or innocence of the defendant of the crime charged was a very narrow one. Upon that issue the defendant was entitled to a fair trial uninfluenced by any extraneous circumstances. We think the defendant was denied that right. Repeatedly during the progress of the trial there occurred acrimonious arguments between the judge presiding and the counsel for the defendant. The strictures repeatedly placed upon counsel for the defendant during the progress of the trial, while, undoubtedly, induced, to a large degree, by the disrespectful conduct of counsel, in our opinion could not but have influenced the jury against the defendant and led to the rendition of the verdict finding the defendant guilty of the charge against him.

We are, therefore, of the opinion that, in the interest of justice, the judgment of conviction should be reversed and a new trial granted to the defendant.

Present — Martin, Merrell, Townley, Glennon and Untermyer, JJ.

Judgment reversed and a new trial ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1937: 11960: 21968: 11972: 11973: 11974: 11979: 11984: 119372026peak 1960 · 2

Relies on it most ⓘ

  1. State v. Martin686 P.2d 937 (N.M. 1984)
  2. Buckley v. 2570 Broadway Corp.12 A.D.2d 473 (1960)
  3. People v. Sepulveda44 A.D.2d 846 (1974)
  4. People v. Williams40 A.D.2d 690 (1972)
  5. Morris Cohon & Co. v. Pennsylvania Coal & Coke Corp.10 A.D.2d 667 (1960)
  6. People v. Neumuller29 A.D.2d 886 (1968)

Most recent

  1. State v. Martin686 P.2d 937 (N.M. 1984)
  2. People v. Ashby72 A.D.2d 506 (1979)
  3. People v. Sepulveda44 A.D.2d 846 (1974)
  4. People v. Askew42 A.D.2d 717 (1973)
  5. People v. Williams40 A.D.2d 690 (1972)
  6. People v. Neumuller29 A.D.2d 886 (1968)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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