[DOWNLOAD] "People State New York v. Donahue Artis" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Donahue Artis
- Author : Supreme Court of New York
- Release Date : January 20, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 25, 1977, convicting him of robbery in the first degree and attempted robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of fact of discretion in the interest of justice, and new trial ordered. Defendant argues that the prosecutor, on cross-examination and in summation, improperly attempted to show that defendants failure to exonerate himself at the time of his arrest demonstrated his culpability. Although defendants trial counsel failed to object at either juncture, we may consider defendants claim in the interest of justice (see CPL 470.15; People v Kelly, 12 N.Y.2d 248; see, also, People v Smoot, 59 A.D.2d 898). The combined effect of the prosecutors questioning and his comments during summation violated the fundamental principle of law that a prosecutor may not comment upon, or attempt to take advantage of, the constitutionally protected exercise of the accuseds right to remain silent (see Doyle v Ohio, 426 U.S. 610, 617-618; People v Christman, 23 N.Y.2d 429; People v Smoot, supra; People v Bates, 58 A.D.2d 838). The effect of this impropriety was particularly egregious in this case where defendants conviction was almost wholly dependent upon the jurys evaluation of the credibility of three of the alleged victims on the one hand, all of whom had prior convictions, and the [67 A.D.2d 981 Page 982]