Legal Opinion

People v. Kennedy

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

Decided December 19, 2012PublishedCited by 11 opinions

1Opinion of the Court

*1046The Supreme Court erred in modifying its Sandoval ruling (see People v Sandoval, 34 NY2d 371 [1974]) to permit the prosecutor to question the defendant regarding his gang membership, which the Supreme Court had previously ruled was to be precluded. Contrary to the People’s contention, photographs depicting the defendant wearing gang attire, which were discovered during trial, did not provide new information relevant to the defendant’s credibility (cf. People v Cooper, 78 AD3d 593 [2010]; People v Ramos, 255 AD2d 203 [1998]). However, under the circumstances of this case, the error in…

2Cases cited7 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. SandovalNew York Court of Appeals · 1974
  3. People v. AshwalNew York Court of Appeals · 1976
  4. People v. OcampoAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. DugginsNew York Court of Appeals · 2004

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. People v. SheehanAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. TerryAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. RiosAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. BentonAppellate Division of the Supreme Court of the State of New York · 2013

6 more not listed; retrieve them via the Exa API.

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