People v. Davis

Judgment, County Court, St. Lawrence County, rendered January 27, 1977, affirmed. No opinion. Kane, Mahoney, Main and Mikoll, JJ., concur; Sweeney, J. P., dissents and votes to reverse in the following memorandum. Sweeney, J. P., (dissenting). I am unable to agree with the majority that the conviction should be affirmed and, therefore, vote to reverse. There are two basic errors requiring reversal and a new trial. In his opening statement, defendant’s counsel referred to a particular hotel fire supposedly involving the defendant. During the trial, defendant was cross-examined, over objection,…