Opinion
Argued January 13, 1965
Decided February 11, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HENRY TASKER, J.
Manuel Nelson Zapata for appellant.
Bernard C. Smith, District Attorney ( Charles T. Matthews of counsel), for respondent.
The judgment of conviction is reversed and a new trial ordered on account of the reception in evidence of an admission against interest made by appellant after indictment and while in jail ( People v. Meyer, 11 N.Y.2d 162; People v. Di Biasi, 7 N.Y.2d 544). Upon the new trial, the Grand Jury minutes of testimony by the People's witnesses who testify at the trial should be exhibited to defendant's counsel ( People v. Rosario, 9 N.Y.2d 286).
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.