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PEOPLE v. SMALLS

55 N.Y.2d 407 (1982)

The People of the State of New York, Respondent, v. Leonard Smalls, Appellant. The People of the State of New York, Respondent, v. Anthony De Shawn McGee, Appellant.

Court of Appeals of the State of New York.

Decided April 6, 1982.

Attorney(s) appearing for the Case

Howard B. Comet and William E. Hellerstein for appellant in the first above-entitled action.

Julia Pamela Heit for appellant in the second above-entitled action.

Robert M. Morgenthau, District Attorney (Vivian Berger and Marguerette Hosbach of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.

GABRIELLI, J.

Defendants Smalls and McGee appeal from separate orders of the Appellate Division, affirming their convictions, after a joint trial, of murder in the second degree (Penal Law, § 125.25, subd 3). We conclude that the conviction of defendant Smalls must be reversed, as error was committed as to him both in the admission of the codefendant McGee's confession on this joint trial and in charging...

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