Legal Opinion
People v. Bennett
Appellate Division of the Supreme Court of the State of New York
Decided November 20, 1978PublishedCited by 7 opinions
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 23, 1977, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. The prosecutor so overstepped the bounds of legitimate advocacy in this case that we are constrained to reverse and order a new trial notwithstanding the evidence of guilt (see People v Crimmins, 36 NY2d 230, 237-238). Among the more egregious prosecutorial errors were (1) the cross-examination of…
2Cases cited5 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- Doyle v. OhioSupreme Court of the United States · 1976
- People v. ShanisNew York Court of Appeals · 1975
- People v. MoralesAppellate Division of the Supreme Court of the State of New York · 1976
- People v. RogersAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by7 opinions
- People v. GriffithAppellate Division of the Supreme Court of the State of New York · 1981
- People v. AlstonAppellate Division of the Supreme Court of the State of New York · 1980
- People v. SimonAppellate Division of the Supreme Court of the State of New York · 1983
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1985
- Keith Gayle v. Eugene Lefevre, Superintendent, Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1980
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