People v. Pratt

Appellate Division of the Supreme Court of New York

People v. Pratt

41 A.D.2d 912, 344 N.Y.S.2d 316, 1973 N.Y. App. Div. LEXIS 4523

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

DecidedMay 8, 1973

StatusPublished

This text of 41 A.D.2d 912 (People v. Pratt) 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. Pratt, 41 A.D.2d 912, 344 N.Y.S.2d 316, 1973 N.Y. App. Div. LEXIS 4523 (N.Y. Ct. App. 1973).

Pincite

Opinion

Judgment, Supreme Court, New. York County, rendered on September 10, 1971, unanimously affirmed. Concur — Stevens, P. J., Markewieh, Murphy and Steuer, JJ.; Capozzoli, J., concurs in' the following memorandum: It was improper for the prosecutor, in the course of his summation, to say: “Now, Mr. Castelli asks, ‘Why is Alexander Pratt going to trial? He is not crazy’. Well, why don’t you ask yourself maybe I didn’t let him cop out, maybe I didn’t let this proven robber cop out.” This comes pretty close to telling the jury the defendant had been seeking to- plead guilty to a lesser crime but the prosecutor would not permit it. However, since the proof is overwhelming as to the guilt of the defendant, I concur in the result reached by the court.

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Judgment, Supreme Court, New. York County, rendered on September 10, 1971, unanimously affirmed. Concur — Stevens, P. J., Markewieh, Murphy and Steuer, JJ.; Capozzoli, J., concurs in' the following memorandum: It was improper for the prosecutor, in the course of his summation, to say: “Now, Mr. Castelli asks, ‘Why is Alexander Pratt going to trial? He is not crazy’. Well, why don’t you ask yourself maybe I didn’t let him cop out, maybe I didn’t let this proven robber cop out.” This comes pretty close to telling the jury the defendant had been seeking to- plead guilty to a lesser crime but the prosecutor would not permit it. However, since the proof is overwhelming as to the guilt of the defendant, I concur in the result reached by the court.

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Bluebook (online)

41 A.D.2d 912, 344 N.Y.S.2d 316, 1973 N.Y. App. Div. LEXIS 4523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pratt-nyappdiv-1973.