People v. Boone

Appellate Division of the Supreme Court of New York

People v. Boone

56 A.D.2d 892, 392 N.Y.S.2d 488, 1977 N.Y. App. Div. LEXIS 11285

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 21, 1977

StatusPublished

Cited by5 cases

This text of 56 A.D.2d 892 (People v. Boone) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Boone, 56 A.D.2d 892, 392 N.Y.S.2d 488, 1977 N.Y. App. Div. LEXIS 11285 (N.Y. Ct. App. 1977).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 17, 1973, convicting him of attempted robbery in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The District Attorney consents to the reversal and direction for a new trial. At the trial, appellant testified in his own defense and denied having made any statements following his arrest to a Patrolman Belle. As part of the People’s rebuttal case, Patrolman Belle testified that appellant had in fact made an admission to him. This testimony was not received as part of the People’s main case because of the officer’s failure to give the requisite warnings; it was offered solely for the purpose of impeaching appellant’s credibility (see Harris v New York, 401 US 222). The trial court, however, failed to give any instructions as to the limited nature of the rebuttal testimony when it was offered and, during the charge, the jury was not clearly instructed that the admission could not be considered as evidence of guilt. Accordingly, a new trial is necessary. (See People v Patterson, 48 AD2d 933, where a codefendant was granted a new trial.) Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 17, 1973, convicting him of attempted robbery in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The District Attorney consents to the reversal and direction for a new trial. At the trial, appellant testified in his own defense and denied having made any statements following his arrest to a Patrolman Belle. As part of the People’s rebuttal case, Patrolman Belle testified that appellant had in fact made an admission to him. This testimony was not received as part of the People’s main case because of the officer’s failure to give the requisite warnings; it was offered solely for the purpose of impeaching appellant’s credibility (see Harris v New York, 401 US 222). The trial court, however, failed to give any instructions as to the limited nature of the rebuttal testimony when it was offered and, during the charge, the jury was not clearly instructed that the admission could not be considered as evidence of guilt. Accordingly, a new trial is necessary. (See People v Patterson, 48 AD2d 933, where a codefendant was granted a new trial.) Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

56 A.D.2d 892, 392 N.Y.S.2d 488, 1977 N.Y. App. Div. LEXIS 11285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boone-nyappdiv-1977.

Opinion

Related

Cite This Page — Counsel Stack