People v. Morgan

Appellate Division of the Supreme Court of New York

People v. Morgan

23 A.D.2d 892, 260 N.Y.S.2d 106, 1965 N.Y. App. Div. LEXIS 4077

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

DecidedMay 24, 1965

StatusPublished

This text of 23 A.D.2d 892 (People v. Morgan) 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. Morgan, 23 A.D.2d 892, 260 N.Y.S.2d 106, 1965 N.Y. App. Div. LEXIS 4077 (N.Y. Ct. App. 1965).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 2, 1963 after a jury trial, convicting him of robbery in the third degree, grand larceny in the first degree and assault in the second degree, and imposing sentence upon him as a second felony offender. Judgment affirmed. In our opinion, there was ample corroboration of the testimony of the accomplice (cf. People v. Dixon, 231 N. Y. Ill, 116; People v. Kress, 284 N. Y. 452, 460; People v. Watford, 19 A D 2d 731), and defendant’s guilt was clearly established. We find no reversible error in the limited cross-examination of defendant concerning a shooting. The subject was introduced by the defendant in the first instance; and the court in any event instructed the jury to disregard the matter. We are also of the opinion that any error in the defendant’s cross-examination with respect to his prior convictions was not prejudicial and may be disregarded under section 542 of the Code of Criminal Procedure (cf. People v. Kingston, 8 N Y 2d 384, 387). Brennan, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 2, 1963 after a jury trial, convicting him of robbery in the third degree, grand larceny in the first degree and assault in the second degree, and imposing sentence upon him as a second felony offender. Judgment affirmed. In our opinion, there was ample corroboration of the testimony of the accomplice (cf. People v. Dixon, 231 N. Y. Ill, 116; People v. Kress, 284 N. Y. 452, 460; People v. Watford, 19 A D 2d 731), and defendant’s guilt was clearly established. We find no reversible error in the limited cross-examination of defendant concerning a shooting. The subject was introduced by the defendant in the first instance; and the court in any event instructed the jury to disregard the matter. We are also of the opinion that any error in the defendant’s cross-examination with respect to his prior convictions was not prejudicial and may be disregarded under section 542 of the Code of Criminal Procedure (cf. People v. Kingston, 8 N Y 2d 384, 387). Brennan, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

23 A.D.2d 892, 260 N.Y.S.2d 106, 1965 N.Y. App. Div. LEXIS 4077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-morgan-nyappdiv-1965.

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