From Casetext: Smarter Legal Research

People v. Gardella

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1976
55 A.D.2d 607 (N.Y. App. Div. 1976)

Opinion

December 6, 1976


Appeal by the People from an order of the Supreme Court, Westchester County, dated April 23, 1976, which, pursuant to CPL 330.30 (subd 2), set aside a jury verdict of guilty of sodomy in the first degree (three counts), and ordered a new trial. Order affirmed. Despite extensive efforts to keep from the jury the knowledge that the defendant had been convicted of murder one year earlier, that information found its way into the jury room and was discussed during the jury's deliberations. Defendant's substantial rights were prejudiced, and a new trial was properly ordered (cf. People v Cocco, 305 N.Y. 282). Cohalan, Acting P.J., Margett, Damiani and Mollen, JJ., concur.


Summaries of

People v. Gardella

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1976
55 A.D.2d 607 (N.Y. App. Div. 1976)
Case details for

People v. Gardella

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHAEL GARDELLA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 6, 1976

Citations

55 A.D.2d 607 (N.Y. App. Div. 1976)

Citing Cases

People v. Wakefield

Under these circumstances, we find that the defendant was not deprived of a fair trial and that his motion…

People v. Shuler

Judgment reversed, as an exercise of discretion in the interest of justice, and new trial ordered. Despite…