Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES WING and SHARON WING, Appellants.

MEMORANDUM.

The order of the County Court should be reversed and the case remitted to the Town Court of Chili for further proceedings on the information.

The abundance of inadmissible hearsay evidence permitted by the trial court created a "substantial probability of irreparable prejudice" to defendants' case. ( Matter of Leon RR, 48 N.Y.2d 117, 122; see, also, People v Crimmins, 36 N.Y.2d 230, 242.) Over the objections of the defendants, the prosecution was repeatedly allowed to elicit testimony and to introduce documents that were clearly hearsay, despite the absence of any recognized exception to the rule against hearsay. Considering these errors cumulatively, it cannot be said that they were harmless.

In view of the foregoing, we need not reach defendants' other contentions.

Chief Judge COOKE and Judges JASEN, JONES, MEYER, SIMONS and KAYE concur in memorandum; Judge WACHTLER taking no part.

Order reversed, etc.

Use AI to get other relevant cases.

Comments

PEOPLE v. WING
(Sep 20, 1984)