People v. Garrett

Appellate Division of the Supreme Court of New York

People v. Garrett

285 A.D. 1088, 140 N.Y.S.2d 28, 1955 N.Y. App. Div. LEXIS 6742

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

DecidedApril 25, 1955

StatusPublished

This text of 285 A.D. 1088 (People v. Garrett) 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. Garrett, 285 A.D. 1088, 140 N.Y.S.2d 28, 1955 N.Y. App. Div. LEXIS 6742 (N.Y. Ct. App. 1955).

Pincite

Opinion

Defendants appeal from judgments of the County Court, Queens County, convicting them of grand larceny in the second degree. Judgments unanimously affirmed. While this court does not approve the practice, upon the voir dire of prospective jurors, of propounding hypothetical questions containing detailed statements of fact, which counsel expects to establish, and presupposed rules of law to be charged by the court, with the extraction of a statement by a talesman as to how he shall vote under the circumstances, upon all the facts disclosed in this record and in view of the substantial proof of defendants' guilt, the error may be disregarded under section 542 of the Code of Criminal Procedure. Present — Nolan, P. J., Wenzel, Schmidt, Beldock and Murphy, JJ.

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Defendants appeal from judgments of the County Court, Queens County, convicting them of grand larceny in the second degree. Judgments unanimously affirmed. While this court does not approve the practice, upon the voir dire of prospective jurors, of propounding hypothetical questions containing detailed statements of fact, which counsel expects to establish, and presupposed rules of law to be charged by the court, with the extraction of a statement by a talesman as to how he shall vote under the circumstances, upon all the facts disclosed in this record and in view of the substantial proof of defendants' guilt, the error may be disregarded under section 542 of the Code of Criminal Procedure. Present — Nolan, P. J., Wenzel, Schmidt, Beldock and Murphy, JJ.

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Bluebook (online)

285 A.D. 1088, 140 N.Y.S.2d 28, 1955 N.Y. App. Div. LEXIS 6742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-garrett-nyappdiv-1955.