[DOWNLOAD] "People State New York v. John Petrucelli" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. John Petrucelli
- Author : Supreme Court of New York
- Release Date : January 14, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
[11] Viewed in its context with the entire case (United States v. Socony-Vacuum Oil Co., 310 U.S. 150, 240), the prejudicial and sometimes unethical conduct of the prosecuting attorney has nullified this conviction. While cross-examining a principal defense witness, he remarked, "I dont have to believe him. I believe Joan" (the principal prosecution witness). His summation called the defendant and a defense witness, and by implication all of the defense witnesses, a "bunch of thieves". The expression by a prosecutor of his personal opinion of the witnesses credibility is improper (People v. Wright, 17 A.D.2d 151; Code of Professional Responsibility, EC 7-24). His summation prejudicially attempted to place upon the defense the burden of proving that one "Ray" was on the scene and could conceivably have been the killer. (See People v. Christman, 23 N.Y.2d 429; People v. Mirenda, 23 N.Y.2d 439.) He asked questions designed to influence the jury regardless of the content or admissibility of the answers. One series suggested that the prosecution witness Joan had been intimidated in the halls of the courthouse when all she could [44 A.D.2d 58 Page 59]
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