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People v. Augustine

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 2004
6 A.D.3d 543 (N.Y. App. Div. 2004)

Opinion

2002-00311.

Decided April 12, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered December 11, 2001, convicting him of assault in the first degree, assault in the second degree (two counts), resisting arrest, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New york, N.Y. (Alexis A. Ascher of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and William C. Milaccio of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, DANIEL F. LUCIANO, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is reversed, on the law, and a new trial is ordered.

The defendant correctly contends that the prosecutor's questions regarding whether he "ma[de] an outcry" or filed a police report after his arrest were improper and violated his right to remain silent ( see People v. Haines, 139 A.D.2d 591, People v. Livingston, 128 A.D.2d 645, People v. Pavao, 59 N.Y.2d 282). While the trial court properly sustained defense counsel's objections before the questions were answered, it erred in denying a subsequent request for curative instructions. As the evidence of the defendant's guilt was not overwhelming, this error was not harmless, and a new trial is warranted ( cf. People v. Henry, 306 A.D.2d 539).

In light of the foregoing, we need not reach the defendant's remaining contentions.

ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.


Summaries of

People v. Augustine

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 2004
6 A.D.3d 543 (N.Y. App. Div. 2004)
Case details for

People v. Augustine

Case Details

Full title:THE PEOPLE, ETC., respondent, v. WOODY AUGUSTINE, appellant

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

Date published: Apr 12, 2004

Citations

6 A.D.3d 543 (N.Y. App. Div. 2004)
774 N.Y.S.2d 397