People v. Macedonio
| Decision Date | 30 June 1977 |
| Citation | 366 N.E.2d 1355,397 N.Y.S.2d 1002,42 N.Y.2d 944 |
| Parties | , 366 N.E.2d 1355 The PEOPLE of the State of New York, Respondent, v. Carl MACEDONIO, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Gerald J. Callahan, Commack, John F. Middlemiss, Jr., Hauppauge and Leon J. Kesner, Bay Shore, for appellant.
Henry F. O'Brien, Dist. Atty. (Kevin J. Crowley, Middle Island, of counsel), for respondent.
The order of the Appellate Division should be reversed and a new trial ordered.
Once the lawyer entered the criminal proceeding representing the defendant in connection with criminal charges under investigation, it was impermissible to question defendant in custody and in the absence of his attorney (People v. Ramos, 40 N.Y.2d 610, 614, 389 N.Y.S.2d 299, 302, 357 N.E.2d 955, 958; People v. Hobson, 39 N.Y.2d 479, 481, 384 N.Y.S.2d 419, 420, 348 N.E.2d 894, 896). Proof that defendant had type "A" blood and that the semen found within the victim was emitted from a male with blood of that type should not have been admitted, in view of the large proportion of the general population having blood of said type (People v. Robinson, 27 N.Y.2d 864, 317 N.Y.S.2d 19, 265 N.E.2d 543).
Order reversed, etc.
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