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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 569 (N.Y. App. Div. 1999)

Opinion

Submitted May 3, 1999

June 21, 1999

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Finnegan, J.), rendered October 23, 1997, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Herbert Kellner, Smithtown, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Nina M. Sas of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, GABRIEL M. KRAUSMAN, LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.

The defendant is entitled to a new trial because of errors committed by the court in allowing the introduction into evidence of the $190 taken from him at the time of his arrest, failing to respond meaningfully to the jury's request for a readback of testimony, and because of prosecutorial misconduct relative to the questioning of a witness ( see, People v. Lewis, 262 A.D.2d 584 [decided herewith]).

We also note that the trial court erred in stating that the absence of the defendant from a portion of the proceedings was a result of "his own choosing". The court erred in deviating from the standard charge ( see, 1 CJI [NY] 4.22, at 166).

In light of our determination that a new trial is necessary, we need not reach the defendant's remaining contentions.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 569 (N.Y. App. Div. 1999)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE, etc., respondent, v. DEJAN BROWN, appellant. (Ind. No…

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

Date published: Jun 21, 1999

Citations

262 A.D.2d 569 (N.Y. App. Div. 1999)
693 N.Y.S.2d 606

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