Legal Opinion

People v. Hammock

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

Decided April 24, 1992PublishedCited by 10 opinions

1Opinion of the Court

Judgment unanimously reversed on the law and new trial granted. Memorandum: This case involves prosecutorial misconduct that seriously prejudiced defendant’s right to a fair trial. The prosecutor’s conduct was programmed and deliberate, and in flagrant disobedience of the trial court’s prior ruling. Despite the strong proof of defendant’s guilt, we reverse (see, People v Alicea, 37 NY2d 601; People v Mott, 94 AD2d 415).

The prosecutor had been directed by the trial court not to impeach his witness, Vernessa Maddox, by referring to her pretrial sworn statements, which included an admission by…

2Cases cited10 opinions

  1. People v. FitzpatrickNew York Court of Appeals · 1976
  2. People v. MottAppellate Division of the Supreme Court of the State of New York · 1983
  3. People v. DunnNew York Court of Appeals · 1990
  4. People v. AliceaNew York Court of Appeals · 1975
  5. People v. RaineyNew York Court of Appeals · 1964

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

3Cited by10 opinions

  1. Richard W. Dunnigan v. John P. Keane, Superintendent, Sing Sing Correctional FacilityCourt of Appeals for the Second Circuit · 1998
  2. People v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. HoltonAppellate Division of the Supreme Court of the State of New York · 1996
  4. Hammock v. WalkerDistrict Court, W.D. New York · 2002
  5. People v. PayneAppellate Division of the Supreme Court of the State of New York · 1993

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

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