People v. Pasquale

Appellate Terms of the Supreme Court of New York

People v. Pasquale

54 Misc. 2d 91, 281 N.Y.S.2d 963, 1967 N.Y. Misc. LEXIS 1479

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 31, 1967

StatusPublished

Cited by1 cases

This text of 54 Misc. 2d 91 (People v. Pasquale) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Pasquale, 54 Misc. 2d 91, 281 N.Y.S.2d 963, 1967 N.Y. Misc. LEXIS 1479 (N.Y. Ct. App. 1967).

Pincite

Opinion

Per Curiam.

Although the judgment of conviction is affirmed, the attention of the Bar is nevertheless called to the following: In this case the prosecutor, in summation, in answer to the statements in defense summation that the main prosecution witness was a liar, stated that his “ Christian background precludes (him) from accusing another human being of being a liar ”, and on a few occasions he begged the Lord’s forgiveness for having to use the word Cod in repeating testimony in which it [92]*92was used. Reference to race, nationality or religion may be prejudicial even though not intended that way, and should be eschewed unless in connection with a matter in issue and unavoidable.

The judgment of conviction should be affirmed.

Concur — Dr Giovanna, Ritchie and Shapiro, JJ.

Judgment affirmed.

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Per Curiam.

Although the judgment of conviction is affirmed, the attention of the Bar is nevertheless called to the following: In this case the prosecutor, in summation, in answer to the statements in defense summation that the main prosecution witness was a liar, stated that his “ Christian background precludes (him) from accusing another human being of being a liar ”, and on a few occasions he begged the Lord’s forgiveness for having to use the word Cod in repeating testimony in which it [92]*92was used. Reference to race, nationality or religion may be prejudicial even though not intended that way, and should be eschewed unless in connection with a matter in issue and unavoidable.

The judgment of conviction should be affirmed.

Concur — Dr Giovanna, Ritchie and Shapiro, JJ.

Judgment affirmed.

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Bluebook (online)

54 Misc. 2d 91, 281 N.Y.S.2d 963, 1967 N.Y. Misc. LEXIS 1479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pasquale-nyappterm-1967.

Opinion

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