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People v. Duncan

10 A.D.2d 572, 195 N.Y.S.2d 681, 1960 N.Y. App. Div. LEXIS 11964
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 28, 1960
StatusPublished

This text of 10 A.D.2d 572 (People v. Duncan) 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. Duncan, 10 A.D.2d 572, 195 N.Y.S.2d 681, 1960 N.Y. App. Div. LEXIS 11964 (N.Y. Ct. App. 1960).

Opinion

Judgment unanimously reversed on the law and a new trial ordered. In our opinion the prosecutor, in the cross-examination of defendant upon alleged collateral acts of misconduct, so exceeded the bounds of propriety as to deprive appellant of a fair trial. (See People v. McCormick, 303 N. Y. 403; People v. Carborano, 301 N. Y. 39; People v. Malkin, 250 N. Y. 185 ; People v. Lombard, 4 A D 2d 666.) While the proof is sufficient to support the verdict, we think the error was so substantial and highly prejudicial that we may not overlook it under section 542 of the Code of Criminal Procedure. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Valente, JJ.

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Related

People v. Malkin
164 N.E. 900 (New York Court of Appeals, 1928)
People v. Carborano
92 N.E.2d 871 (New York Court of Appeals, 1950)
People v. McCormick
103 N.E.2d 529 (New York Court of Appeals, 1952)

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Bluebook (online)
10 A.D.2d 572, 195 N.Y.S.2d 681, 1960 N.Y. App. Div. LEXIS 11964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-duncan-nyappdiv-1960.