Opinion
October 11, 1965
By order of this court, dated May 14, 1965, defendant appears for reargument of an appeal ( People v. Sabatelli, 22 A.D.2d 762) which resulted in the unanimous affirmance of a judgment of the County Court, Suffolk County, rendered November 15, 1963 after a jury trial, convicting defendant of robbery in the first degree and imposing sentence upon him as a second felony offender. Judgment reversed in the interests of justice and a new trial granted. We have ordered a new trial for defendant's alleged accomplice ( People v. Duffy, 23 A.D.2d 699) on the ground that the admission into evidence of an unsigned statement of the alleged accomplice was an error. As the statement implicates the defendant, he must also be accorded a new trial ( People v. Donovan, 13 N.Y.2d 148, 154). Beldock, P.J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.