People v. Hendrickson

Appellate Division of the Supreme Court of New York

People v. Hendrickson

73 A.D.2d 676, 423 N.Y.S.2d 216, 1979 N.Y. App. Div. LEXIS 14533

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

DecidedDecember 24, 1979

StatusPublished

Cited by1 cases

This text of 73 A.D.2d 676 (People v. Hendrickson) 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. Hendrickson, 73 A.D.2d 676, 423 N.Y.S.2d 216, 1979 N.Y. App. Div. LEXIS 14533 (N.Y. Ct. App. 1979).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 7, 1975, convicting him of possession of weapons, etc., as a felony, and of menacing, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The facts upon which the conviction was based have not been considered. The prosecutor commented, in his summation, "Fortunately the police car came on the scene. No violence took place. No violence [was] involved because the officers saw the movement of the defendant’s hands.” This comment was completely without basis in the record, and might have implied to the jury that the defendant intended to commit crimes with which he was not charged. Hopkins, J. P., Damiani, O’Connor and Rabin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 7, 1975, convicting him of possession of weapons, etc., as a felony, and of menacing, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The facts upon which the conviction was based have not been considered. The prosecutor commented, in his summation, "Fortunately the police car came on the scene. No violence took place. No violence [was] involved because the officers saw the movement of the defendant’s hands.” This comment was completely without basis in the record, and might have implied to the jury that the defendant intended to commit crimes with which he was not charged. Hopkins, J. P., Damiani, O’Connor and Rabin, JJ., concur.

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Bluebook (online)

73 A.D.2d 676, 423 N.Y.S.2d 216, 1979 N.Y. App. Div. LEXIS 14533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hendrickson-nyappdiv-1979.

Opinion

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