(Download) "People State New York v. J. L. Ivey" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. J. L. Ivey
- Author : Supreme Court of New York
- Release Date : January 09, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Judgment unanimously reversed, on the law and facts, and a new trial granted. Memorandum: Defendant was convicted, after a jury trial, of three counts of murder in the second degree and two counts of robbery in the first degree which arose from an armed robbery during which a gasoline station attendant, 25-year-old Alan Sturman, was shot to death. The defendant claimed misidentification and called four alibi witnesses who testified that they were with him at the time the crime was committed. Defendants principal contention on appeal is that he is entitled to a new trial because of prosecutorial misconduct. We agree. The record is replete with numerous and repeated acts of improper and prejudicial conduct by the prosecution which deprived defendant of a fair trial (People v Alicea, 37 N.Y.2d 601; People v Bussey, 62 A.D.2d 200; People v Balsano, 51 A.D.2d 130; see Code of Professional Responsibility, EC 7-13). It is unnecessary to itemize all the incidents but we mention briefly the following: the prosecutor made repeated attempts to offer into evidence composite sketches in direct contravention of the trial courts rulings and over the objections of defense counsel. Composite sketches and testimony regarding such sketches is not admissible on the Peoples direct case (People v Griffin, 29 N.Y.2d 91, 93; People v Forest, 50 A.D.2d 260, 262). While a [83 A.D.2d 788 Page 789]
 "People State New York v. J. L. Ivey" by Supreme Court of New York ~ eBook PDF Kindle ePub Free){kind=link}