People v. Vario

Appellate Division of the Supreme Court of New York

People v. Vario

257 A.D. 975, 13 N.Y.S.2d 41, 1939 N.Y. App. Div. LEXIS 8755

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

DecidedJune 12, 1939

StatusPublished

This text of 257 A.D. 975 (People v. Vario) 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. Vario, 257 A.D. 975, 13 N.Y.S.2d 41, 1939 N.Y. App. Div. LEXIS 8755 (N.Y. Ct. App. 1939).

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Opinion

Judgment of the County Court of Queens county, convicting appellant of the crimes of rape in the first degree and assault in the second degree, reversed on the law and the facts and a new trial ordered. Although we regard the testimony of Millie Handelman in particular as furnishing all necessary corroboration, and the proof in general as amply warranting the conviction, yet the failure of the assistant district attorney to make an opening (Code Grim. Proc. § 388; People v. Romano, 279 N. Y. 392), his persistent and gratuitous comments during the course.of the trial and the inflammatory summation, with covert references to the failure of the defendant to testify, require reversal and a new trial. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur.

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Judgment of the County Court of Queens county, convicting appellant of the crimes of rape in the first degree and assault in the second degree, reversed on the law and the facts and a new trial ordered. Although we regard the testimony of Millie Handelman in particular as furnishing all necessary corroboration, and the proof in general as amply warranting the conviction, yet the failure of the assistant district attorney to make an opening (Code Grim. Proc. § 388; People v. Romano, 279 N. Y. 392), his persistent and gratuitous comments during the course.of the trial and the inflammatory summation, with covert references to the failure of the defendant to testify, require reversal and a new trial. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur.

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Bluebook (online)

257 A.D. 975, 13 N.Y.S.2d 41, 1939 N.Y. App. Div. LEXIS 8755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vario-nyappdiv-1939.

Opinion

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