People v. Bendell

New York Court of Appeals

People v. Bendell

490 N.E.2d 858, 67 N.Y.2d 724, 499 N.Y.S.2d 939, 1986 N.Y. LEXIS 16647

CourtNew York Court of Appeals

DecidedFebruary 13, 1986

StatusPublished

Cited by1 cases

This text of 490 N.E.2d 858 (People v. Bendell) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bendell, 490 N.E.2d 858, 67 N.Y.2d 724, 499 N.Y.S.2d 939, 1986 N.Y. LEXIS 16647 (N.Y. 1986).

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Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed and case remitted to the Appellate Division, First Department, for consideration of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]). We agree with the dissenting Justices below (111 AD2d 87, 89-91) that any error of the prosecutor, in referring to his pretrial involvement in the case, was harmless (see, People v Paperno, 54 NY2d 294; People v Ortiz, 54 NY2d 288) and that the prosecutor’s cross-examination of defendant’s character witnesses was proper (see, People v Kuss, 32 NY2d 436). There is no ground, therefore, for holding that defendant has been deprived of his fundamental right to a fair trial by the prosecutor’s conduct.

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.

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OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed and case remitted to the Appellate Division, First Department, for consideration of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]). We agree with the dissenting Justices below (111 AD2d 87, 89-91) that any error of the prosecutor, in referring to his pretrial involvement in the case, was harmless (see, People v Paperno, 54 NY2d 294; People v Ortiz, 54 NY2d 288) and that the prosecutor’s cross-examination of defendant’s character witnesses was proper (see, People v Kuss, 32 NY2d 436). There is no ground, therefore, for holding that defendant has been deprived of his fundamental right to a fair trial by the prosecutor’s conduct.

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.

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Bluebook (online)

490 N.E.2d 858, 67 N.Y.2d 724, 499 N.Y.S.2d 939, 1986 N.Y. LEXIS 16647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bendell-ny-1986.

Opinion

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