People v. Bonino
| Decision Date | 20 July 1943 |
| Citation | 50 N.E.2d 654,291 N.Y. 541 |
| Parties | PEOPLE, Respondent, v. Frank BONINO et al., Appellants. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeals from Supreme Court, Appellate Division, Second Department, 265 App.Div. 960, 38 N.Y.S.2d 1019.
Frank Bonino and Santo Caminito were convicted of murder in the first degree and were sentenced to the state prison at Sing Sing for the term of their natural lives pursuant to the recommendation of the jury as authorized by Penal Law, s 1045-a, Consol.Laws, c. 40. The judgments of conviction were affirmed by the Appellate Division, 265 App.Div. 960, 38 N.Y.S.2d 1019, and the defendants appeal.
Their grounds for reversal were that the trial court committed reversible error in refusing to charge as requested on the subject of illegal detention of defendants by the police without arraignment, in excluding evidence which would have shown that one defendant complained to the jail physician on the day following the arraignment that he had been beaten by the police, that the court erred in charging and in refusing to charge as requested on the subject of alibi and in leaving it for the jury to decide whether the confessions were voluntary.
Judgments affirmed. Joseph A. Martinis, of New York City, for Frank Bonino.
Myers & Guerin, of New York City (Joseph K. Guerin, of New York City, of counsel), for Santo Caminito.
Thomas Cradock Hughes, of Brooklyn (Solomon A. Klein, of Brooklyn, of counsel), for respondents.
Judgments affirmed under the provisions of section 542 of the Code of Criminal Procedure.
All concur.
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