People v. De Vito

New York Court of Appeals

People v. De Vito

438 N.E.2d 874, 56 N.Y.2d 846, 453 N.Y.S.2d 168, 1982 N.Y. LEXIS 3472

CourtNew York Court of Appeals

DecidedJune 8, 1982

StatusPublished

Cited by3 cases

This text of 438 N.E.2d 874 (People v. De Vito) 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. De Vito, 438 N.E.2d 874, 56 N.Y.2d 846, 453 N.Y.S.2d 168, 1982 N.Y. LEXIS 3472 (N.Y. 1982).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Although it was inappropriate for the trial court to address counsel as it did in the presence of the jury, it was not error for the court to prevent counsel from cross-examining the witness concerning the possibility of her receiving a life sentence, a risk to which the defendant was also exposed.

No door had been opened to this inquiry and it was not necessary to specify the potential sentence in order to explain to the jury the extent of the arrangement the witness had made with the prosecutor for a grant of immunity (People v Roth, 30 NY2d 99).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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