Legal Opinion

People v. Haines

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

Decided April 11, 1988PublishedCited by 5 opinions

1Opinion of the Court

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered May 8, 1986, convicting him of burglary in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

On cross-examination of the defendant the prosecutor asked the defendant about his failure to come forward with an exculpatory version of the events at the time he was arrested. *592Such questioning was improper and highly prejudicial (see, People v Conyers, 52 NY2d…

2Cases cited5 opinions

  1. People v. GonzalezNew York Court of Appeals · 1986
  2. People v. ConyersNew York Court of Appeals · 1981
  3. People v. CopelandAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. MoralesAppellate Division of the Supreme Court of the State of New York · 1987
  5. People v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by5 opinions

  1. People v. TuckerAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. KozlowAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. MejiaAppellate Division of the Supreme Court of the State of New York · 1998
  4. People v. AugustineAppellate Division of the Supreme Court of the State of New York · 2004
  5. People v. KozlowAppellate Division of the Supreme Court of the State of New York · 2007

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