People v. Lind

Carro and Rosenberger, JJ.,

dissent in a memorandum by Rosenberger, J., as follows: The cumulative effect of the errors committed by the prosecutor and the court deprived defendants of a fair trial. Accordingly, I would reverse and remit the matter for a new trial.

During the evening of December 16, 1982, plainclothes Police Officers Módica, Cialone and De Vito of the Street Crime Taxi and Gun Squad were on patrol in a taxicab on Amsterdam Avenue in the vicinity of 165th Street, when they noticed a white Cadillac whose tail lights were not working properly and whose trunk lid was bouncing up…