Home/Appellate Division of the Supreme Court of New York/People v. Tatum

People v. Tatum

54 A.D.2d 950, 388 N.Y.S.2d 329, 1976 N.Y. App. Div. LEXIS 14848
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 15, 1976
StatusPublished
Cited by8 cases

This text of 54 A.D.2d 950 (People v. Tatum) 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. Tatum, 54 A.D.2d 950, 388 N.Y.S.2d 329, 1976 N.Y. App. Div. LEXIS 14848 (N.Y. Ct. App. 1976).

Opinion

Appeal by defendant from a judgment of the County Court, Westchester County, rendered February 27, 1976, convicting him of attempted rape in the first degree and assault in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. The prosecutor, in his summation, stated that the attorneys for the defendants in this case (appellant was tried with two codefendants) didn’t believe the defendants’ story, and yet expected the jury to believe it. That was improper (see People v Coles, 47 AD2d 905; People v Fluker, 51 AD2d 1045) and was reversible error, even in the absence of an objection by defense counsel at the trial (see People v Coles, supra). We have examined appellant’s other contentions and find them to be without merit. Martuscello, Acting P. J., Latham, Cohalan, Damiani and Hawkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Stephens
525 S.E.2d 301 (West Virginia Supreme Court, 1999)
People v. Tyler
233 Cal. App. 3d 1456 (California Court of Appeal, 1991)
People v. Thompson
753 P.2d 37 (California Supreme Court, 1988)
People v. Hall
138 A.D.2d 404 (Appellate Division of the Supreme Court of New York, 1988)
People v. Powell
64 A.D.2d 676 (Appellate Division of the Supreme Court of New York, 1978)
People v. Edwards
55 A.D.2d 903 (Appellate Division of the Supreme Court of New York, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
54 A.D.2d 950, 388 N.Y.S.2d 329, 1976 N.Y. App. Div. LEXIS 14848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tatum-nyappdiv-1976.