People v. Bonino

CourtNew York Court of Appeals
Writing for the CourtPER CURIAM.
Citation50 N.E.2d 654,291 N.Y. 541
Decision Date20 July 1943
PartiesPEOPLE, Respondent, v. Frank BONINO et al., Appellants.

291 N.Y. 541
50 N.E.2d 654

PEOPLE, Respondent,
v.
Frank BONINO et al., Appellants.

Court of Appeals of New York.

July 20, 1943.


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.

[50 N.E.2d 654]

Joseph A. Martinis, of New York City, for Frank Bonino.

[50 N.E.2d 655]

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.

PER CURIAM.

Judgments affirmed under the provisions of section 542 of the Code of Criminal Procedure.

All concur.

To continue reading

Request your trial
11 practice notes
  • United States v. Fay, No. 308
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • February 7, 1962
    ...and, on affirmance by that court, People v. Bonino, 265 App.Div. 960, 38 N.Y.S.2d 1019 (1942), appealed to the New York Court of Appeals, 291 N.Y. 541, 50 N.E.2d 654 (1943). Noia did not appeal. Both of the appellate tribunals considered whether the two appealing defendants had been denied ......
  • Fay v. Noia, No. 84
    • United States
    • United States Supreme Court
    • March 18, 1963
    ...appeals of Caminito and Bonino, affirmed the convictions. People v. Bonino, People v. Caminito, 265 App.Div. 960, 38 N.Y.S.2d 1019 (1942); 291 N.Y. 541, 50 N.E.2d 654 (1943). Certiorari was not sought here. Motions to reargue appeals in the New York Court of Appeals may be made at any time.......
  • Williams v. City of New York, No. 14
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 19, 1974
    ...and the judgment was affirmed. People v. Caminito, 265 App.Div. 960, 38 N.Y.S.2d 1019 (2d Dept. 1942), aff'd sub nom., People v. Bonino, 291 N.Y. 541, 50 N.E.2d 654 (1943). Ultimately, however, under the voluntariness standards prevailing in 1955, these police practices of 1941 were determi......
  • United States v. La Vallee, No. 55
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • March 28, 1960
    ...heard on appeal or that the New York Court of Appeals will not entertain an application for reargument (cf. People v. Caminito, 1943, 291 N.Y. 541, 50 N.E. 2d 654, motion for reargument denied 1948, 297 N.Y. 882, 79 N.E.2d 277, certiorari denied 1954, 348 U.S. 839, 75 S.Ct. 46, 99 L.Ed. 662......
  • Request a trial to view additional results
11 cases
  • United States v. Fay, No. 308
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • February 7, 1962
    ...and, on affirmance by that court, People v. Bonino, 265 App.Div. 960, 38 N.Y.S.2d 1019 (1942), appealed to the New York Court of Appeals, 291 N.Y. 541, 50 N.E.2d 654 (1943). Noia did not appeal. Both of the appellate tribunals considered whether the two appealing defendants had been denied ......
  • Fay v. Noia, No. 84
    • United States
    • United States Supreme Court
    • March 18, 1963
    ...appeals of Caminito and Bonino, affirmed the convictions. People v. Bonino, People v. Caminito, 265 App.Div. 960, 38 N.Y.S.2d 1019 (1942); 291 N.Y. 541, 50 N.E.2d 654 (1943). Certiorari was not sought here. Motions to reargue appeals in the New York Court of Appeals may be made at any time.......
  • Williams v. City of New York, No. 14
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 19, 1974
    ...and the judgment was affirmed. People v. Caminito, 265 App.Div. 960, 38 N.Y.S.2d 1019 (2d Dept. 1942), aff'd sub nom., People v. Bonino, 291 N.Y. 541, 50 N.E.2d 654 (1943). Ultimately, however, under the voluntariness standards prevailing in 1955, these police practices of 1941 were determi......
  • United States v. La Vallee, No. 55
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • March 28, 1960
    ...heard on appeal or that the New York Court of Appeals will not entertain an application for reargument (cf. People v. Caminito, 1943, 291 N.Y. 541, 50 N.E. 2d 654, motion for reargument denied 1948, 297 N.Y. 882, 79 N.E.2d 277, certiorari denied 1954, 348 U.S. 839, 75 S.Ct. 46, 99 L.Ed. 662......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT