People v. Kee

Appellate Division of the Supreme Court of New York

People v. Kee

45 A.D.2d 704, 357 N.Y.S.2d 81, 1974 N.Y. App. Div. LEXIS 4617

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

DecidedJune 25, 1974

StatusPublished

Cited by4 cases

This text of 45 A.D.2d 704 (People v. Kee) 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. Kee, 45 A.D.2d 704, 357 N.Y.S.2d 81, 1974 N.Y. App. Div. LEXIS 4617 (N.Y. Ct. App. 1974).

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Opinion

Judgment of conviction, Supreme Court, New York County, rendered December 3, 1973, after trial to a jury, unanimously affirmed. We have heard the tapes concerning which the claim of inaudibility has been raised. While in the main they are unintelligible, those parts which are clearly heard sufficiently implicate defendant to corroborate the accomplice’s evidence against him,- The trial court’s conduct reflected a certain border-line assertiveness and a greater measure of judicial restraint would have been more in order. Con[705]*705sidering, however, the overwhelming proof of guilt, we do not find that conduct sufficient to warrant reversal. Concur — McGivern, P. J., Markewich, Nunez, Lupiano and Capozzoli, JJ.

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Judgment of conviction, Supreme Court, New York County, rendered December 3, 1973, after trial to a jury, unanimously affirmed. We have heard the tapes concerning which the claim of inaudibility has been raised. While in the main they are unintelligible, those parts which are clearly heard sufficiently implicate defendant to corroborate the accomplice’s evidence against him,- The trial court’s conduct reflected a certain border-line assertiveness and a greater measure of judicial restraint would have been more in order. Con[705]*705sidering, however, the overwhelming proof of guilt, we do not find that conduct sufficient to warrant reversal. Concur — McGivern, P. J., Markewich, Nunez, Lupiano and Capozzoli, JJ.

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Bluebook (online)

45 A.D.2d 704, 357 N.Y.S.2d 81, 1974 N.Y. App. Div. LEXIS 4617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kee-nyappdiv-1974.

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