From Casetext: Smarter Legal Research

People v. Caraballo

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1991
174 A.D.2d 381 (N.Y. App. Div. 1991)

Opinion

June 11, 1991

Appeal from the Supreme Court, New York County (Rose L. Rubin, J.).


Defendant and his brother, co-defendant Jose Caraballo, were jointly tried under an indictment charging both of them with robbery, and charging Jose only with criminal possession of a weapon in the fourth degree. Although the complainant did not state that he was robbed at knife-point, a police officer testified that upon approaching the scene of the robbery, he saw a shiny object in Jose Caraballo's hand. Thirty dollars and a switchblade knife were recovered from Jose Caraballo's pocket.

On the appeal of co-defendant Jose Caraballo, this Court reversed and remanded for separate trials on the robbery and weapon possession counts on the ground that these counts were not properly joinable under CPL 200.20 (2) (b) (People v Caraballo, 162 A.D.2d 214). We believe that defendant was also deprived of a fair trial by the evidence of his co-defendant's possession of a knife.

In view of the foregoing, we do not address defendant's other contentions.

Concur — Rosenberger, J.P., Kupferman, Ross, Asch and Kassal, JJ.


Summaries of

People v. Caraballo

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1991
174 A.D.2d 381 (N.Y. App. Div. 1991)
Case details for

People v. Caraballo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS CARABALLO…

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

Date published: Jun 11, 1991

Citations

174 A.D.2d 381 (N.Y. App. Div. 1991)
570 N.Y.S.2d 575

Citing Cases

People v. Summers

Accordingly, the offenses were not part of the same criminal transaction as that term is defined in CPL 40.10…

People v. Summers

Accordingly, the offenses were not part of the same criminal transaction as that term is defined in CPL 40.10…