Legal Opinion

People v. Bowen

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

Decided December 21, 1978PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Birns, J.

The defendant was convicted by a jury of attempted rape in the first degree and sentenced to a term of 5 to 15 years. On this appeal, we are confronted by two claims of the defendant. As outlined in the dissenting opinion, they are: First, that the defendant’s constitutional rights were violated when he was cross-examined concerning his failure, at the time of his arrest, to give the police the exculpatory account to which he testified at trial. Second, that the defendant’s right to a fair trial was gravely impaired when he was cross-examined concerning the events…

2Cases cited17 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. Doyle v. OhioSupreme Court of the United States · 1976
  4. Harris v. New YorkSupreme Court of the United States · 1971
  5. People v. SorgeNew York Court of Appeals · 1950

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3Cited by3 opinions

  1. People v. De GeorgeNew York Court of Appeals · 1989
  2. Joseph Hawkins, A/K/A Joseph Davis v. Eugene Lefevre, Superintendent, Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1985
  3. Gilmore v. HendersonDistrict Court, E.D. New York · 1986

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