Legal Opinion · Dissent

People v. Shields

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

Decided June 13, 1977Published

1Dissent

Mollen, J. (dissenting).

I dissent and would reverse the judgment and order a new trial. The facts have been set forth in the majority opinion. Three issues have been presented by this appeal:

1. a ruling, after a Sandoval hearing, that the prosecutor would be permitted to cross-examine the defendant-appellant, if he chose to testify, as to a prior conviction for assault with intent to rape, which conviction occurred approximately 10 years prior to the instant trial;

2. the admission into evidence of bolstering testimony by two witnesses that the complainant had identified the defendant as the…

2Cases cited12 opinions

  1. Brewer v. WilliamsSupreme Court of the United States · 1977
  2. People v. SandovalNew York Court of Appeals · 1974
  3. Haley v. OhioSupreme Court of the United States · 1948
  4. People v. TrowbridgeNew York Court of Appeals · 1953
  5. People v. CavinessNew York Court of Appeals · 1975

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