Legal Opinion
People v. Wood
New York Court of Appeals
Decided December 19, 1985PublishedCited by 65 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Wachtler.
On this appeal, we must determine whether the prosecutor’s questioning of the primary defense witness about his religious beliefs and his decision to affirm, rather than swear, to the truth of his testimony constitutes reversible error. While we decline to hold that such questioning constitutes error per se, we hold that, except under extraordinary circumstances, it must be deemed sufficiently prejudicial to require a new trial, at least where the trial judge fails to give a prompt and clear corrective instruction.
The defendant was charged with the…
2Cases cited24 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. GallowayNew York Court of Appeals · 1981
- People v. AshwalNew York Court of Appeals · 1976
- People v. RoopchandAppellate Division of the Supreme Court of the State of New York · 1985
- People v. JonesNew York Court of Appeals · 1979
19 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Wood v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- People v. DamianoNew York Court of Appeals · 1996
- People v. ClarkAppellate Division of the Supreme Court of the State of New York · 1993
- People v. CollinsAppellate Division of the Supreme Court of the State of New York · 2004
- People v. BruenAppellate Division of the Supreme Court of the State of New York · 1988
60 more not listed; retrieve them via the Exa API.