Legal Opinion

People v. Montgomery

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

Decided November 7, 1984PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

While we affirm this judgment of conviction, we write again to condemn, as forcefully as possible, prosecutorial cross-examination which compels a defendant to state that the police or other witnesses lied in their testimony. In light of the vast number of published judicial decisions criticizing this prosecutorial tactic, it is inconceivable that any prosecutor would be unaware of the impropriety of such conduct. If he is, he fails shamefully in the performance of his public function, as does a superior charged with his training; if he is not, but nevertheless pursues…

3Cases cited1 opinion

  1. People v. CrimminsNew York Court of Appeals · 1975

4Cited by21 opinions

  1. UNITED STATES of America, Plaintiff-Appellee, v. Charles J. SANCHEZ, Jr., Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1999
  2. United States v. James RichterCourt of Appeals for the Second Circuit · 1987
  3. United States v. Charles D. ScanioCourt of Appeals for the Second Circuit · 1990
  4. Liggett v. PeopleSupreme Court of Colorado · 2006
  5. State v. FlanaganNew Mexico Court of Appeals · 1990

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