Legal Opinion

People v. Bahamonte

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

Decided November 10, 2011PublishedCited by 4 opinions

1Opinion of the Court

Defendant was not deprived of a fair trial by the People’s questioning of their civilian witnesses about their reluctance to testify. Under the circumstances of the case, including defendant’s attacks on the witnesses’ credibility, it was appropriate for the prosecutor to elicit brief, nonprejudicial testimony that the witnesses did not wish to testify (see People v Howard, 7 AD3d 314 [2004], lv denied 3 NY3d 675 [2004]; People v Wortherly, 68 AD2d 158, 163-164 [1979]). Furthermore, the prosecutor had a good faith basis for believing that defendant had tampered with witnesses. Accordingly,…

2Cases cited2 opinions

  1. People v. WortherlyAppellate Division of the Supreme Court of the State of New York · 1979
  2. People v. HowardAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by4 opinions

  1. People v. KingAppellate Division of the Supreme Court of the State of New York · 2013
  2. KING, JAMES, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. CorderoAppellate Division of the Supreme Court of the State of New York · 2018
  4. People v. KingAppellate Division of the Supreme Court of the State of New York · 2013

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