PEOPLE v. CENDER, 18 N.Y.2d 610 (1966)

272 N.Y.S.2d 380, 219 N.E.2d 200

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH G. CENDER, Appellant.

Court of Appeals of the State of New York.Argued June 9, 1966
Decided July 7, 1966

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES C. CRANE, J.

Page 611

William Bennett Turner and Anthony F. Marra for appellant.

John M. Braisted, Jr., District Attorney (Ralph Di Iorio of counsel), for respondent.

Per Curiam.

The defendant was tried with a codefendant and was implicated by name in the latter’s confession which was received into evidence. Since this confession was held by the Appellate Division to be inadmissible and a new trial was ordered as to the codefendant, the Appellate Division should also have reversed this defendant’s conviction and ordered a new trial in the interests of justice. (See, e.g., People v. Morgan, 17 N.Y.2d 696; People v. Donovan, 13 N.Y.2d 148, 154; People v Robinson, 13 N.Y.2d 296; People v. Rodriguez, 11 N.Y.2d 279, 285; People v. Noble, 9 N.Y.2d 571, 575; People v Waterman, 9 N.Y.2d 561, 567; People v. Abel, 298 N.Y. 333 People v. Rudish, 294 N.Y. 500.)

The judgment should be reversed and a new trial ordered.

Chief Judge DESMOND and Judges FULD, BURKE, BERGAN and KEATING concur in Per Curiam opinion; Judges VAN VOORHIS and SCILEPPI dissent and vote to affirm. (People v. Pugach, 16 N.Y.2d 504 People v. McCall, 17 N.Y.2d 152.)

Judgment reversed, etc.