People v. Doyle

Appellate Division of the Supreme Court of New York

People v. Doyle

284 A.D. 990, 135 N.Y.S.2d 271, 1954 N.Y. App. Div. LEXIS 4329

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

DecidedNovember 29, 1954

StatusPublished

This text of 284 A.D. 990 (People v. Doyle) 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. Doyle, 284 A.D. 990, 135 N.Y.S.2d 271, 1954 N.Y. App. Div. LEXIS 4329 (N.Y. Ct. App. 1954).

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Opinion

Judgment of the County Court, Kings County, convicting appellant of the crime of perjury in the first degree, reversed on the facts, and new trial granted in the interests of justice. The assistant district attorney in summation departed from his usual practice of arguing on the facts and, undoubtedly without intending to arouse prejudice in the minds of the jury against the appellant, made statements which could hardly have failed to create such prejudice and lead the jury from an unbiased consideration of the main issue and of the testimony as to appellant’s prior good reputation. Nolan, P. J., Adel, Wenzel, MaeCrate and Schmidt, JJ., concur.

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Judgment of the County Court, Kings County, convicting appellant of the crime of perjury in the first degree, reversed on the facts, and new trial granted in the interests of justice. The assistant district attorney in summation departed from his usual practice of arguing on the facts and, undoubtedly without intending to arouse prejudice in the minds of the jury against the appellant, made statements which could hardly have failed to create such prejudice and lead the jury from an unbiased consideration of the main issue and of the testimony as to appellant’s prior good reputation. Nolan, P. J., Adel, Wenzel, MaeCrate and Schmidt, JJ., concur.

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Bluebook (online)

284 A.D. 990, 135 N.Y.S.2d 271, 1954 N.Y. App. Div. LEXIS 4329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-doyle-nyappdiv-1954.