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People v. Bothuell

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1966
26 A.D.2d 585 (N.Y. App. Div. 1966)

Opinion

June 27, 1966


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 25, 1965, convicting him of robbery and assault (both in the third degree), upon a jury verdict, and imposing sentence on the robbery count. Judgment reversed, on the law, and new trial ordered. The findings of fact implicit in the verdict have not been considered. The prosecutor's reference in his opening statement to a prior identification of defendant by the complaining witness was improper ( People v. Lord, 20 A.D.2d 579 ), as was his reference to a description of defendant as the perpetrator of the crime given to the police by the complainant (cf. People v. Coffey, 11 N.Y.2d 142; People v. Oliver, 4 A.D.2d 28, 31, affd. 3 N.Y.2d 684). We are unable to say that the case against defendant was so strong that these improprieties may be disregarded as insubstantial. Beldock, P.J., Ughetta, Brennan, Hopkins and Benjamin, JJ., concur.


Summaries of

People v. Bothuell

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1966
26 A.D.2d 585 (N.Y. App. Div. 1966)
Case details for

People v. Bothuell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES BOTHUELL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 27, 1966

Citations

26 A.D.2d 585 (N.Y. App. Div. 1966)

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