People v. Ketchum

New York Court of Appeals

People v. Ketchum

320 N.E.2d 645, 35 N.Y.2d 740, 361 N.Y.S.2d 911, 1974 N.Y. LEXIS 1245

New York Court of Appeals·Decided October 23, 1974·Published·Cited by 13 cases

Opinion

Memobakdum. The order appealed from should be affirmed.

The record discloses examples of grievous misconduct by the prosecution in cross-examination and summation which we strongly condemn. However, since the overwhelming proof is all but conclusive of defendant’s guilt, and the misconduct does not reflect a pattern throughout the trial, but rather reactions at certain times of stress, reversal is not warranted.

Chief Judge Bbeitel and Judges Gabbielli, Jokes, Wachtlek, Rabik and Steveks concur; Judge Jasek taking no part.

Order affirmed in a memorandum.

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Memobakdum. The order appealed from should be affirmed.

The record discloses examples of grievous misconduct by the prosecution in cross-examination and summation which we strongly condemn. However, since the overwhelming proof is all but conclusive of defendant’s guilt, and the misconduct does not reflect a pattern throughout the trial, but rather reactions at certain times of stress, reversal is not warranted.

Chief Judge Bbeitel and Judges Gabbielli, Jokes, Wachtlek, Rabik and Steveks concur; Judge Jasek taking no part.

Order affirmed in a memorandum.

People v. Ketchum, 320 N.E.2d 645, 35 N.Y.2d 740, 361 N.Y.S.2d 911, 1974 N.Y. LEXIS 1245 (N.Y. 1974).

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Opinion

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