Legal Opinion
People v. Ortiz
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 2010PublishedCited by 10 opinions
1Opinion of the Court
On cross-examination of defendant, the prosecutor improperly attempted to impeach defendant with his supposed dishonesty in initially entering pleas of not guilty in prior cases followed by allegedly belated pleas of guilty (see People v Garcia, 169 AD2d 358, 361-364 [1991], lv denied 79 NY2d 857 [1992]). As in Garcia, “the tenor of the prosecutor’s questioning of the defendant could not help but mislead the jury concerning the true import of defendant’s prior pleas of not guilty,” which were not the equivalent of “factual assertion^] of innocence” (id. at *491361). This questioning not only…
2Cases cited4 opinions
- People v. CalabriaNew York Court of Appeals · 2000
- People v. BowieAppellate Division of the Supreme Court of the State of New York · 1994
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1991
- People v. CheathamAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by10 opinions
- The People v. Luis OrtizNew York Court of Appeals · 2015
- People v. CaparellaAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HicksAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BartholomewAppellate Division of the Supreme Court of the State of New York · 2013
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 2014
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