People v. Baker
| Decision Date | 22 January 1969 |
| Citation | 23 N.Y.2d 898,298 N.Y.S.2d 94 |
| Parties | , 245 N.E.2d 820 The PEOPLE, etc., Respondent, v. Wallace BAKER, Ronald Felder, William Craig, Robert Rice, Daniel Hamm, and Walter Thomas, Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 28 A.D.2d 24, 281 N.Y.S.2d 161, and 28 A.D.2d 823, 282 N.Y.S.2d 644.
Defendants were convicted of first degree murder and other crimes.
The Appellate Division affirmed the convictions.
The Court of Appeals, Keating, J., 23 N.Y.2d 307, 296 N.Y.S.2d 745, 244 N.E.2d 232, reversed the convictions and ordered new trials.
Motion was made in the Court of Appeals to amend the remittitur.
Motion to amend the remittitur denied for the reason that the opinion of the Court clearly indicates that the constitutional arguments raised were passed upon.
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9 cases
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People v. Tomaino
... ... United States, 275 U.S. 192, 196, 48 S.Ct. 74, 76, 72 L.Ed. 231, reh. denied 277 U.S. 613, 48 S.Ct. 206, 72 L.Ed. 1016; see also, People v. Baker, 23 N.Y.2d 307, 320-321, 296 N.Y.S.2d 745, 244 N.E.2d 232, mot. to amend remittitur denied 23 N.Y.2d 898, 298 N.Y.S.2d 94, 245 N.E.2d 820) ... The People argue that, because the police do not need specific authorization to take photographs or measurements while executing a search ... ...
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People v. Langert
...964, 272 N.E.2d 477; People v. Baker, 23 N.Y.2d 307, 296 N.Y.S.2d 745, 244 N.E.2d 232, mot. to and remittitur den. 23 N.Y.2d 898, 298 N.Y.S.2d 94, 245 N.E.2d 820; People v. Caserta, 19 N.Y.2d 18, 277 N.Y.S.2d 647, 224 N.E.2d 82), there are certain exceptions to the general rule. One of thos......
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People v. Marrero
... ... Judgment affirmed ... A witness is generally not permitted to testify as to an extrajudicial identification of the defendant's photograph (see, People v. Griffin, 29 N.Y.2d 91, 323 N.Y.S.2d 964, 272 N.E.2d 477; People v. Baker, 23 N.Y.2d 307, 296 N.Y.S.2d 745, 244 N.E.2d 232, mot. to amend remittitur denied 23 N.Y.2d 898, 298 N.Y.S.2d 94, 245 N.E.2d 820; People v. Caserta, 19 N.Y.2d 18, 277 N.Y.S.2d 647, 224 N.E.2d 82); however, an exception to this general rule applies when the defendant opens the door to this type of ... ...
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People v. Nelson
... ... The trial court's reliance on hearsay evidence at the suppression hearing was specifically authorized by CPL 710.60(4). In addition, the trial court did not err by explaining to the jurors what evidence might corroborate an accomplice's testimony (see, People v. Baker, 23 N.Y.2d 307, 325, 296 N.Y.S.2d 745, 244 N.E.2d 232, remittitur amended 23 N.Y.2d 898, 298 N.Y.S.2d 94, 245 N.E.2d 820; People v. Horton, 19 A.D.2d 80, 85-86, 241 N.Y.S.2d 224, affd. 18 N.Y.2d 355, 275 N.Y.S.2d 377, 221 N.E.2d 909, remittitur amended 19 N.Y.2d 600, 278 N.Y.S.2d 388, 224 N.E.2d ... ...
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