People v. Powers

Appellate Division of the Supreme Court of New York

People v. Powers

20 A.D.2d 662, 246 N.Y.S.2d 578, 1964 N.Y. App. Div. LEXIS 4537

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

DecidedJanuary 20, 1964

StatusPublished

This text of 20 A.D.2d 662 (People v. Powers) 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. Powers, 20 A.D.2d 662, 246 N.Y.S.2d 578, 1964 N.Y. App. Div. LEXIS 4537 (N.Y. Ct. App. 1964).

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Opinion

Appeal by defendant from a judgment of the former County Court, Kings County, rendered March 26, 1952 after a jury trial, convicting him of robbery in the first degree and imposing sentence. Judgment reversed on the law and a new trial granted. The findings of fact implicit in the jury’s verdict are affirmed. Defendant had testified in his own behalf, placing his credibility in issue. The court charged that there was testimony to the effect that defendant had been previously convicted of a crime, and that the jury could take such previous conviction into consideration in testing defendant’s credibility. Our' examination of the record discloses, and the District Attorney concedes, that there is no proof that the defendant had ever been previously convicted of a crime. In Our Opinion this error in the charge is of sufficient substance and prejudice to warrant reversal and a new trial despite the fact that defendant took no exception to the erroneous charge. Beldock, P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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Appeal by defendant from a judgment of the former County Court, Kings County, rendered March 26, 1952 after a jury trial, convicting him of robbery in the first degree and imposing sentence. Judgment reversed on the law and a new trial granted. The findings of fact implicit in the jury’s verdict are affirmed. Defendant had testified in his own behalf, placing his credibility in issue. The court charged that there was testimony to the effect that defendant had been previously convicted of a crime, and that the jury could take such previous conviction into consideration in testing defendant’s credibility. Our' examination of the record discloses, and the District Attorney concedes, that there is no proof that the defendant had ever been previously convicted of a crime. In Our Opinion this error in the charge is of sufficient substance and prejudice to warrant reversal and a new trial despite the fact that defendant took no exception to the erroneous charge. Beldock, P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

20 A.D.2d 662, 246 N.Y.S.2d 578, 1964 N.Y. App. Div. LEXIS 4537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-powers-nyappdiv-1964.