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People v. Allen

Court of Appeals of the State of New York
Apr 16, 1940
27 N.E.2d 30 (N.Y. 1940)

Opinion

Argued March 5, 1940

Decided April 16, 1940

Appeal from the Supreme Court, Appellate Division, Fourth Department, MALPASS, J.

Thurlow W. Southwick for appellant.

Donald M. Mawhinney, District Attorney ( Arthur W. Wilson of counsel), for respondent.


We agree with the Appellate Division that the attempted proof of other crimes was erroneously admitted. The only question that remains is whether the error may be overlooked as immaterial. Its nature was such that it seems impossible to say that it was not prejudicial to the defendant.

The judgments should be reversed and a new trial ordered.

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY and CONWAY, JJ., concur; SEARS and LEWIS, JJ., taking no part.

Judgments reversed, etc.


Summaries of

People v. Allen

Court of Appeals of the State of New York
Apr 16, 1940
27 N.E.2d 30 (N.Y. 1940)
Case details for

People v. Allen

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL E. ALLEN…

Court:Court of Appeals of the State of New York

Date published: Apr 16, 1940

Citations

27 N.E.2d 30 (N.Y. 1940)
27 N.E.2d 30

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