People v. White

Appellate Division of the Supreme Court of New York

People v. White

22 A.D.2d 830, 253 N.Y.S.2d 583, 1964 N.Y. App. Div. LEXIS 2872

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

DecidedNovember 2, 1964

StatusPublished

This text of 22 A.D.2d 830 (People v. White) 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. White, 22 A.D.2d 830, 253 N.Y.S.2d 583, 1964 N.Y. App. Div. LEXIS 2872 (N.Y. Ct. App. 1964).

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Opinion

Per Curiam.

Appeal by defendant from a judgment of the County Court of Sullivan County convicting her, after a trial by jury, of the crime of assault in the second degree. (Penal Law, § 242, subd. 5.) The persistent attempts of the prosecutor to labor the fact that defendant’s son had filed a claim for damages against the complaining witness, a police officer, and his municipal employer arising from the circumstances of the alleged assault after the trial court had properly sustained defendant’s objection to an initial question designed to elicit such information were so prejudicial as to deprive defendant of a fair trial. Moreover, we are persuaded that two jurors failed to disclose upon the voir dire examination, as the circumstances dictated, their kinship with law-enforcement officers. Their silence, even if unwitting, was tantamount to concealment and requires a new trial in the interest of justice. (Knice v. Hedges, 119 Misc. 1, affd. 205 App. Div. 871.) Judgment reversed, on the law and the facts and in the interest of justice, and a new trial granted. Gibson, P. J., Herlihy, Taylor, Aulisi and Hamm, JJ., concur.

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Per Curiam.

Appeal by defendant from a judgment of the County Court of Sullivan County convicting her, after a trial by jury, of the crime of assault in the second degree. (Penal Law, § 242, subd. 5.) The persistent attempts of the prosecutor to labor the fact that defendant’s son had filed a claim for damages against the complaining witness, a police officer, and his municipal employer arising from the circumstances of the alleged assault after the trial court had properly sustained defendant’s objection to an initial question designed to elicit such information were so prejudicial as to deprive defendant of a fair trial. Moreover, we are persuaded that two jurors failed to disclose upon the voir dire examination, as the circumstances dictated, their kinship with law-enforcement officers. Their silence, even if unwitting, was tantamount to concealment and requires a new trial in the interest of justice. (Knice v. Hedges, 119 Misc. 1, affd. 205 App. Div. 871.) Judgment reversed, on the law and the facts and in the interest of justice, and a new trial granted. Gibson, P. J., Herlihy, Taylor, Aulisi and Hamm, JJ., concur.

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Bluebook (online)

22 A.D.2d 830, 253 N.Y.S.2d 583, 1964 N.Y. App. Div. LEXIS 2872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-white-nyappdiv-1964.

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