People v. Rivera

Appellate Division of the Supreme Court of New York

People v. Rivera

55 A.D.2d 878, 390 N.Y.S.2d 613, 1977 N.Y. App. Div. LEXIS 10072

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

DecidedJanuary 13, 1977

StatusPublished

This text of 55 A.D.2d 878 (People v. Rivera) 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. Rivera, 55 A.D.2d 878, 390 N.Y.S.2d 613, 1977 N.Y. App. Div. LEXIS 10072 (N.Y. Ct. App. 1977).

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Opinion

Supreme Court, Bronx County, rendered November 26, 1974, convicting the defendants, after a joint jury trial, of rape in the first degree, unanimously reversed, on the law and in the interest of justice, and a new trial directed. The defendants, together with two others, were tried for acting in concert to commit rape in the first [879]*879degree. The defense was consent. There was a closely contested issue, and we reverse solely on the ground of prosecutorial misconduct. The prosecutor’s acts of discourtesy to the court and to opposing counsel and other improper acts resulted in depriving the defendants of a fair trial. (See People v Cruz, 52 AD2d 1.) Concur—Stevens, P. J., Markewich, Kupferman, Birns and Lane, JJ.

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Supreme Court, Bronx County, rendered November 26, 1974, convicting the defendants, after a joint jury trial, of rape in the first degree, unanimously reversed, on the law and in the interest of justice, and a new trial directed. The defendants, together with two others, were tried for acting in concert to commit rape in the first [879]*879degree. The defense was consent. There was a closely contested issue, and we reverse solely on the ground of prosecutorial misconduct. The prosecutor’s acts of discourtesy to the court and to opposing counsel and other improper acts resulted in depriving the defendants of a fair trial. (See People v Cruz, 52 AD2d 1.) Concur—Stevens, P. J., Markewich, Kupferman, Birns and Lane, JJ.

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Bluebook (online)

55 A.D.2d 878, 390 N.Y.S.2d 613, 1977 N.Y. App. Div. LEXIS 10072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rivera-nyappdiv-1977.

Opinion

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