People v. McKinney

Appellate Division of the Supreme Court of New York

People v. McKinney

23 A.D.2d 812, 258 N.Y.S.2d 316, 1965 N.Y. App. Div. LEXIS 4489

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

DecidedApril 8, 1965

StatusPublished

This text of 23 A.D.2d 812 (People v. McKinney) 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. McKinney, 23 A.D.2d 812, 258 N.Y.S.2d 316, 1965 N.Y. App. Div. LEXIS 4489 (N.Y. Ct. App. 1965).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: The answers given by defendant upon cross-examination on a collateral issue were conclusive and binding on the District Attorney and the court committed error in receiving evidence offered to contradict them. The proof of guilt of the defendant is so overwhelming, however, that we believe that the error did not affect the substantial rights of the defendant and the conviction should, therefore, be affirmed. (Appeal from judgment of Onondaga County Court convicting defendant of violation of section 3305 of the Public Health Law and violation of subdivision 1 of section 1751 of the Penal Law.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Veeehio, JJ.

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Judgment unanimously affirmed. Memorandum: The answers given by defendant upon cross-examination on a collateral issue were conclusive and binding on the District Attorney and the court committed error in receiving evidence offered to contradict them. The proof of guilt of the defendant is so overwhelming, however, that we believe that the error did not affect the substantial rights of the defendant and the conviction should, therefore, be affirmed. (Appeal from judgment of Onondaga County Court convicting defendant of violation of section 3305 of the Public Health Law and violation of subdivision 1 of section 1751 of the Penal Law.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Veeehio, JJ.

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Bluebook (online)

23 A.D.2d 812, 258 N.Y.S.2d 316, 1965 N.Y. App. Div. LEXIS 4489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mckinney-nyappdiv-1965.