Legal Opinion

People v. Carmack

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

Decided May 21, 1976PublishedCited by 19 opinions

1Opinion of the CourtSimons, J.

Defendant has been convicted of criminally selling a controlled substance (heroin), to an undercover agent of the Erie County Sheriff’s Department. A new trial is required because the prosecutor improperly cross-examined defendant during the trial about his prior drug conviction and other drug-related incidents.

Prior to trial defendant moved for a Sandoval hearing (People v Sandoval, 34 NY2d 371). At the conclusion of that hearing the court ruled that if defendant testified, the District Attorney might question him about the underlying facts of (1) a 1971 charge of criminal possession of a…

2Cases cited9 opinions

  1. People v. SandovalNew York Court of Appeals · 1974
  2. People v. SchwartzmanNew York Court of Appeals · 1969
  3. People v. DuffyNew York Court of Appeals · 1975
  4. People v. McKinneyNew York Court of Appeals · 1969
  5. Schwartzman v. New YorkSupreme Court of the United States · 1969

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

3Cited by19 opinions

  1. People v. AlvinoNew York Court of Appeals · 1987
  2. People v. LewisNew York Court of Appeals · 1987
  3. People v. RahmanAppellate Division of the Supreme Court of the State of New York · 1978
  4. People v. McGeeNew York Court of Appeals · 1986
  5. People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1981

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

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