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People v. Franklin

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1975
48 A.D.2d 931 (N.Y. App. Div. 1975)

Opinion

June 30, 1975


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 22, 1973, convicting him of robbery in the first degree (two counts), robbery in the second degree (two counts) and grand larceny in the third degree (two counts), upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. One of the complaining witnesses was under indictment on a charge unrelated to this prosecution. During the testimony of this witness, the trial court permitted the attorney representing him in the other matter to sit at the counsel table with the Assistant District Attorney and to object to questions put to the witness on cross-examination. As it was error for the trial court to permit such participation, a new trial should be had. Hopkins, Acting P.J., Martuscello, Latham, Brennan and Munder, JJ., concur.


Summaries of

People v. Franklin

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1975
48 A.D.2d 931 (N.Y. App. Div. 1975)
Case details for

People v. Franklin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO FRANKLIN…

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

Date published: Jun 30, 1975

Citations

48 A.D.2d 931 (N.Y. App. Div. 1975)