Legal Opinion
People v. Castellano
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 1948PublishedCited by 4 opinions
1Opinion of the Court
Judgment of the County Court of Kings County, convicting defendant of the crime of murder in the second degree, reversed on the law and new trial ordered. Defendant was deprived of a fair trial by the adverse and improper comments of the prosecutor during the course of summation (1) upon the race of deceased and defendant (Malinski v. New York, 324 U. S. 401, 434; People v. Esposito, 224 N. Y. 370, 373; Abbate v. Solan, 257 App. Div. 776; Saunders v. Champlain Bus Corp., 263 App. Div. 683), (2) upon the exercise by defendant of the right of peremptory challenge, together with appeals to…
2Cases cited5 opinions
- Malinski v. New YorkSupreme Court of the United States · 1945
- People v. . CreasyNew York Court of Appeals · 1923
- People v. . EspositoNew York Court of Appeals · 1918
- Abbate v. SolanAppellate Division of the Supreme Court of the State of New York · 1939
- Saunders v. Champlain Bus Corp.Appellate Division of the Supreme Court of the State of New York · 1942
3Cited by4 opinions
- Toomey v. FarleyNew York Court of Appeals · 1956
- People v. HearnsAppellate Division of the Supreme Court of the State of New York · 1963
- Gutin v. Frank Mascali & SonsNew York Supreme Court · 1960
- Toomey v. FarleyNew York Court of Appeals · 1956