Legal Opinion · Dissent

People v. Frasco

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

Decided April 5, 1919Published

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

  1. People v. CriscuoliAppellate Division of the Supreme Court of the State of New York · 1914
  2. People v. KellerAppellate Division of the Supreme Court of the State of New York · 1919

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