People v. McGuiness

Appellate Division of the Supreme Court of New York

People v. McGuiness

7 A.D.2d 685, 179 N.Y.S.2d 159, 1958 N.Y. App. Div. LEXIS 4337

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

DecidedNovember 10, 1958

StatusPublished

This text of 7 A.D.2d 685 (People v. McGuiness) 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. McGuiness, 7 A.D.2d 685, 179 N.Y.S.2d 159, 1958 N.Y. App. Div. LEXIS 4337 (N.Y. Ct. App. 1958).

Pincite

Opinion

This is an appeal from a judgment of the County Court, County of Rensselaer, entered upon a verdict convicting the defendant-appellant of the crime of sodomy in the first degree after a trial before a jury. The crime charged is particularly abhorrent to a normal person but the defendant nevertheless was entitled to a fair and impartial trial. An examination of the record convinces us that he did not receive such a trial and that his conviction ought to be reversed in the interests of justice. We regard certain parts of the District Attorney’s summation as inflammatory and prejudicial, and .to such a degree that we cannot justly view them as harmless. Judgment reversed in the interests of justice and a new trial directed. Foster, P. J., Bergan, Herlihy and Reynolds, JJ., concur.

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This is an appeal from a judgment of the County Court, County of Rensselaer, entered upon a verdict convicting the defendant-appellant of the crime of sodomy in the first degree after a trial before a jury. The crime charged is particularly abhorrent to a normal person but the defendant nevertheless was entitled to a fair and impartial trial. An examination of the record convinces us that he did not receive such a trial and that his conviction ought to be reversed in the interests of justice. We regard certain parts of the District Attorney’s summation as inflammatory and prejudicial, and .to such a degree that we cannot justly view them as harmless. Judgment reversed in the interests of justice and a new trial directed. Foster, P. J., Bergan, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

7 A.D.2d 685, 179 N.Y.S.2d 159, 1958 N.Y. App. Div. LEXIS 4337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcguiness-nyappdiv-1958.