People v. Lo Primo

Appellate Division of the Supreme Court of New York

People v. Lo Primo

19 A.D.2d 641, 241 N.Y.S.2d 522, 1963 N.Y. App. Div. LEXIS 3605

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

DecidedJune 17, 1963

StatusPublished

This text of 19 A.D.2d 641 (People v. Lo Primo) 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. Lo Primo, 19 A.D.2d 641, 241 N.Y.S.2d 522, 1963 N.Y. App. Div. LEXIS 3605 (N.Y. Ct. App. 1963).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Richmond County, rendered October 19, 1962 after a jury trial, convicting him of operating a policy business (Penal Law, § 974-a); possession of policy slips (Penal Law, § 975); book-making (Penal Law, § 986) ; and possession of book-making records (¡Penal Law, § 986-b), and imposing sentence. Judgment affirmed. We neither approve nor condone the Assistant District Attorney’s conduct in arguing in his summation with respect to what he assumed were the total annual policy collections of the defendant, or with respect to what he assumed was the defendant’s income from policy operations. These matters had no bearing on the defendant’s guilt or innocence of the crime charged. However, the error did not prejudice any of the defendant’s substantial rights, and in the absence of any such prejudice the judgment should be affirmed (Code Grim. Pro., § 542). Beldock, P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant from a judgment of the Supreme Court, Richmond County, rendered October 19, 1962 after a jury trial, convicting him of operating a policy business (Penal Law, § 974-a); possession of policy slips (Penal Law, § 975); book-making (Penal Law, § 986) ; and possession of book-making records (¡Penal Law, § 986-b), and imposing sentence. Judgment affirmed. We neither approve nor condone the Assistant District Attorney’s conduct in arguing in his summation with respect to what he assumed were the total annual policy collections of the defendant, or with respect to what he assumed was the defendant’s income from policy operations. These matters had no bearing on the defendant’s guilt or innocence of the crime charged. However, the error did not prejudice any of the defendant’s substantial rights, and in the absence of any such prejudice the judgment should be affirmed (Code Grim. Pro., § 542). Beldock, P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

19 A.D.2d 641, 241 N.Y.S.2d 522, 1963 N.Y. App. Div. LEXIS 3605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lo-primo-nyappdiv-1963.