People v. Frasco
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Philip Frasco, from a judgment of the County Court of Kings county, rendered against him on the 16th day of May, 1918, convicting him of the crime of assault in the second degree as a second offense.
1Dissent
Putnam, J. (dissenting):
The court’s action in detaining the defendant’s witness Accurso was proper. He was not rebuked until after the jury had retired. This court has laid down the procedure in such a case: “ The witness may be detained in court until the jury has retired before the judicial rebuke is administered.” (People v. Criscuoli, 164 App. Div. 119, 123.) I see no error in first telling the witness to step into a side room, since announcing a direction to hold him in the court room might become more noticeable to the jury. The jury subsequently retired. The court directed that the…
2Cases cited2 opinions
- People v. CriscuoliAppellate Division of the Supreme Court of the State of New York · 1914
- People v. KellerAppellate Division of the Supreme Court of the State of New York · 1919