Legal Opinion

People v. Pellot

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

Decided September 14, 1992PublishedCited by 5 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered May 14, 1990, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly excluded, as impeachment evidence, the unsworn, audiotaped statement made to the police by the People’s hostile witness (see, CPL 60.35 [1]). Nevertheless, the prosecutor’s repeated questions containing the substance of the witness’s prior statements served a similar purpose. This conduct was clearly improper (see, People v…

2Cases cited6 opinions

  1. People v. FitzpatrickNew York Court of Appeals · 1976
  2. People v. ComerAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. BoeroAppellate Division of the Supreme Court of the State of New York · 1986
  4. People v. BrazzealAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. ZengerAppellate Division of the Supreme Court of the State of New York · 1987

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. SpurgeonAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. MarshallAppellate Division of the Supreme Court of the State of New York · 1995
  3. People v. Abdur-RahmanAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. HardyAppellate Division of the Supreme Court of the State of New York · 2005
  5. People v. MejiaAppellate Division of the Supreme Court of the State of New York · 2000

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