People v. Russ
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
Defendant appeals, by leave of a Judge of this Court, from an order of the Appellate Division affirming his conviction for murder after a jury trial. The reading of the Grand Jury testimony of teen-age witness Gonzalez to the petit jury under extremely prejudicial and improper circumstances constituted reversible error. The prosecution adduced "testimony” evincing only Gonzalez’s refusal to implicate defendant in the crime in order to indirectly present to the jury otherwise unusable, highly inculpatory evidence. The resulting prejudice *176in the context of the…
2Cases cited11 opinions
- People v. ContesNew York Court of Appeals · 1983
- Jackson v. DennoSupreme Court of the United States · 1964
- Rochin v. CaliforniaSupreme Court of the United States · 1952
- Lego v. TwomeySupreme Court of the United States · 1972
- People v. HuntleyNew York Court of Appeals · 1965
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- Bumpus v. Superintendent of Clinton Correctional FacilityDistrict Court, E.D. New York · 2007
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