People v. Ochs

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: BELDOCK; MURPHY
• Citation: People v. Ochs, 194 N.Y.S.2d 719, 9 A.D.2d 792 (N.Y. App. Div. 1959)
• Decision Date: 30 November 1959
• Parties: PEOPLE of State of New York, Respondent, v. George OCHS, true name George W. Ochs, Appellant.

Page 719

194 N.Y.S.2d 719

9 A.D.2d 792

PEOPLE of State of New York, Respondent, v. George OCHS, true name George W. Ochs, Appellant.

Supreme Court, Appellate Division, Second Department.

Nov. 30, 1959.

James A. Carney, New York City, for appellant.

Manuel W. Levine, Dist. Atty., Mineola, for respondent, Henry P. DeVine, Mineola, of counsel. Before NOLAN, P. J., and BELDOCK, HALLINAN and KLEINFELD, JJ.

MEMORANDUM BY THE COURT.

Appeal from a judgment of the County Court, Nassau County, rendered June 14, 1957, sentencing appellant, after he had been found guilty by a jury of burglary in the third degree and grand larceny in the second degree, to serve concurrent sentences of from 7 to 10 years on each count.

Judgment reversed on the law and the facts, and a new trial ordered.

The failure of the Trial Judge, though apparently inadvertent, to comply with the jury's request, made during their deliberations, that he define what constituted reasonable doubt, was prejudicial to appellant's substantial rights and requires reversal. People v. Miller, 6 N.Y.2d 152, 188 N.Y.S.2d 534. Since there is to be a new trial, we consider it advisable to state that in our opinion it was also error to receive in evidence certain burning equipment found in a car which appellant 'was using' at some unspecified time, which equipment was not identified as having been used in the commission of the crimes charged against appellant, and to receive in evidence a photograph from the police files, attached to a statement signed by a witness, one Miller. See People v. Infantino, 224 App.Div. 193, 195, 196, 230 N.Y.S. 66, 68, 69; People v. Lupo, 280 App.Div. 836, 114 N.Y.S.2d 23, affirmed 305 N.Y. 762, 113 N.E.2d 154; People v. Hagedorny, 272 App.Div. 830, 70 N.Y.S.2d 511.

NOLAN, P. J.,...