The People of the State of New York, Respondent, v. George P. Bruno, Herman F. Lovaglia and Leonard M. Janoske, Appellants

The People of the State of New York, Respondent, v. George P. Bruno, Herman F. Lovaglia and Leonard M. Janoske, Appellants. [MAJORITY] Appeal by defendants from judgments of conviction of the crime of robbery in the first degree after a trial in the County Court of Chenango County. Judgments of conviction reversed upon the law and the facts and a new trial directed in the interests of justice, upon the ground that the district attorney exceeded the bounds of fair comment in his summation to the jury; and also upon the ground that the trial judge erroneously charged the jury that they might consider the alleged admissions of the defendant [Bruno, made after the event, as to the presence and identification of the defendant Janoske as a participant in the crime. Hill, P. J-, Crapser, Bliss, Sehenck and Foster, JJ., concur.