People v. Gray

Appellate Division of the Supreme Court of New York

People v. Gray

33 A.D.2d 698, 306 N.Y.S.2d 647, 1969 N.Y. App. Div. LEXIS 2852

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

DecidedNovember 17, 1969

StatusPublished

This text of 33 A.D.2d 698 (People v. Gray) 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. Gray, 33 A.D.2d 698, 306 N.Y.S.2d 647, 1969 N.Y. App. Div. LEXIS 2852 (N.Y. Ct. App. 1969).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 19, 1968, convicting him of robbery in ■the third degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. No opinion. Beldock, P. J., Brennan, Rabin and Hopkins, JJ., concur; Christ, J., dissents and votes to reverse the judgment, on the law, and to order a new trial, with the following memorandum: As I read the record, the intensity, scope and persistence of the prosecutor’s questions in cross-examining defendant with respect to the details of the offense leading to a prior conviction were designed, as appears from the prosecutor’s summation, not merely to attack defendant’s credibility but to show a propensity on his part to commit the crimes charged in the indictment. In my opinion, such conduct on the part of the prosecutor was improper and constituted error; and, since it cannot be said that the. jury was not influenced thereby to defendant’s prejudice, a new trial is required (People v. McKinney, 24 N Y 2d 180; People v. Gorge, 301 N. Y. 198; People v. Childers, 28 A D 2d 725, and cases therein cited).

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 19, 1968, convicting him of robbery in ■the third degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. No opinion. Beldock, P. J., Brennan, Rabin and Hopkins, JJ., concur; Christ, J., dissents and votes to reverse the judgment, on the law, and to order a new trial, with the following memorandum: As I read the record, the intensity, scope and persistence of the prosecutor’s questions in cross-examining defendant with respect to the details of the offense leading to a prior conviction were designed, as appears from the prosecutor’s summation, not merely to attack defendant’s credibility but to show a propensity on his part to commit the crimes charged in the indictment. In my opinion, such conduct on the part of the prosecutor was improper and constituted error; and, since it cannot be said that the. jury was not influenced thereby to defendant’s prejudice, a new trial is required (People v. McKinney, 24 N Y 2d 180; People v. Gorge, 301 N. Y. 198; People v. Childers, 28 A D 2d 725, and cases therein cited).

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Bluebook (online)

33 A.D.2d 698, 306 N.Y.S.2d 647, 1969 N.Y. App. Div. LEXIS 2852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gray-nyappdiv-1969.

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