People v. Russo

Appellate Division of the Supreme Court of New York

People v. Russo

60 A.D.2d 853, 400 N.Y.S.2d 584, 1978 N.Y. App. Div. LEXIS 9876

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

DecidedJanuary 3, 1978

StatusPublished

This text of 60 A.D.2d 853 (People v. Russo) 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. Russo, 60 A.D.2d 853, 400 N.Y.S.2d 584, 1978 N.Y. App. Div. LEXIS 9876 (N.Y. Ct. App. 1978).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 10, 1976, convicting him of criminal possession of stolen property in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed and case remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (subd 5). The trial court was in error in denying defendant the right of recross-examination of Officer Clermont with respect to the weapons charge, in view of the fact that, for the first time on redirect, the prosecutor developed testimony thereon from the officer. However, the error was not prejudicial since the jury acquitted defendant of the weapons charge (see CPL 470.05, subd 1; People v Crimmins, 36 NY2d 230). Hopkins, J. P., Margett, Rabin and Shapiro, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 10, 1976, convicting him of criminal possession of stolen property in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed and case remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (subd 5). The trial court was in error in denying defendant the right of recross-examination of Officer Clermont with respect to the weapons charge, in view of the fact that, for the first time on redirect, the prosecutor developed testimony thereon from the officer. However, the error was not prejudicial since the jury acquitted defendant of the weapons charge (see CPL 470.05, subd 1; People v Crimmins, 36 NY2d 230). Hopkins, J. P., Margett, Rabin and Shapiro, JJ., concur.

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Bluebook (online)

60 A.D.2d 853, 400 N.Y.S.2d 584, 1978 N.Y. App. Div. LEXIS 9876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-russo-nyappdiv-1978.

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