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People v. Carmack

44 N.Y. 706
CourtNew York Court of Appeals
DecidedMarch 29, 1978
StatusPublished

This text of 44 N.Y. 706 (People v. Carmack) 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. Carmack, 44 N.Y. 706 (N.Y. 1978).

Opinions

[707]*707OPINION OF THE COURT

Memorandum.

Order affirmed for the reasons stated by Mr. Justice Richard D. Simons at the Appellate Division.

It is clear on the facts of this case, particularly as the evidence developed at trial, that the extensive cross-examination on prior drug possession charges was improper. Under the circumstances there was too great a danger that the evidence would tend to demonstrate a propensity to commit the very crime for which the defendant was on trial rather than to impeach his credibility (see People v Wright, 41 NY2d 172, 175; People v Duffy, 36 NY2d 258, 262, cert den 423 US 861; People v Sandoval, 34 NY2d 371, 377-378).

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People v. Schwartzman
247 N.E.2d 642 (New York Court of Appeals, 1969)
People v. Sandoval
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396 U.S. 846 (Supreme Court, 1969)
Duffy v. New York
423 U.S. 861 (Supreme Court, 1975)

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Bluebook (online)
44 N.Y. 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carmack-ny-1978.