Summary
In People v. Galloway (24 N.Y.2d 935, supra), the court applied the rationale of the McNeil holding where, "Each defendant made a statement or confession * * * in which each implicated the other."
Summary of this case from People v. ThomasOpinion
Argued April 16, 1969
Decided May 14, 1969
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GERALD P. CULKIN, J.
Samuel C. Coleman for appellant.
Frank S. Hogan, District Attorney ( Peter F. Schwindt and Michael R. Juviler of counsel), for respondent.
Judgment affirmed.
Concur: Judges SCILEPPI, BERGAN, BREITEL and JASEN. Chief Judge FULD concurs in the following opinion in which Judge BURKE concurs. Judge KEATING taking no part.
Although I believe that a reversal is mandated by the principles reflected in Bruton v. United States ( 391 U.S. 123) and Roberts v. Russell ( 392 U.S. 293) and although I adhere to the views expressed in my dissenting opinion in People v. McNeil ( 24 N.Y.2d 550), I am constrained by the majority's decision in that case to cast my vote herein for affirmance.
Judgment affirmed.