People v. Patterson

Appellate Division of the Supreme Court of New York

People v. Patterson

48 A.D.2d 933, 369 N.Y.S.2d 534, 1975 N.Y. App. Div. LEXIS 10221

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

DecidedJune 30, 1975

StatusPublished

Cited by5 cases

This text of 48 A.D.2d 933 (People v. Patterson) 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. Patterson, 48 A.D.2d 933, 369 N.Y.S.2d 534, 1975 N.Y. App. Div. LEXIS 10221 (N.Y. Ct. App. 1975).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 17, 1973, convicting him of attempted robbery in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. At the trial, appellant testified in his own defense and denied having made any statements following his arrest to a Patrolman Belle. As part of the People’s rebuttal case, Belle testified that appellant had in fact made an admission to him. This testimony was not received as part of the People’s main case because of the officer’s failure to give the requisite warnings; it was offered solely for the purpose of impeaching appellant’s credibility (cf. Harris v New York, 401 US 222). The trial court, however, failed to give any instructions as to the limited nature of the rebuttal testimony when it was offered and, during the charge, the jury was not clearly instructed that the admission could not be considered as evidence of guilt. Accordingly, a new trial is necessary. Hopkins, Acting P. J., Martuscello, Latham, Brennan and Munder, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 17, 1973, convicting him of attempted robbery in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. At the trial, appellant testified in his own defense and denied having made any statements following his arrest to a Patrolman Belle. As part of the People’s rebuttal case, Belle testified that appellant had in fact made an admission to him. This testimony was not received as part of the People’s main case because of the officer’s failure to give the requisite warnings; it was offered solely for the purpose of impeaching appellant’s credibility (cf. Harris v New York, 401 US 222). The trial court, however, failed to give any instructions as to the limited nature of the rebuttal testimony when it was offered and, during the charge, the jury was not clearly instructed that the admission could not be considered as evidence of guilt. Accordingly, a new trial is necessary. Hopkins, Acting P. J., Martuscello, Latham, Brennan and Munder, JJ., concur.

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Bluebook (online)

48 A.D.2d 933, 369 N.Y.S.2d 534, 1975 N.Y. App. Div. LEXIS 10221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-patterson-nyappdiv-1975.

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