People v. Spinelli
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Upon the court’s own motion, its unpublished opinion and order in this case dated September 11, 1995 is recalled and vacated and the following is substituted therefor:
O’Brien, J. P.
The defendant testified at trial to certain exculpatory facts which he had omitted from his statements to the police at the scene of the crime. The issue presented on appeal is whether it was permissible for the prosecutor to argue in summation that such omissions rendered the defendant’s testimony unworthy of belief. We conclude that, since the prosecutor failed to cross-examine the defendant…
2Cases cited18 opinions
- People v. ContesNew York Court of Appeals · 1983
- Doyle v. OhioSupreme Court of the United States · 1976
- Jenkins v. AndersonSupreme Court of the United States · 1980
- People v. DawsonNew York Court of Appeals · 1980
- People v. MelendezNew York Court of Appeals · 1982
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3Cited by23 opinions
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- People v. MaierAppellate Division of the Supreme Court of the State of New York · 2010
- People v. A. J. RutledgeAppellate Division of the Supreme Court of the State of New York · 2001
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