AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY MANGINE, Appellant.

Judgment unanimously affirmed. Memorandum: The prosecutor improperly made himself an unsworn witness when he endeavored to impeach defendant's alibi witness by asking him on cross-examination about prior inconsistent statements that the witness made to the prosecutor in a telephone conversation (see People v. Lovello, 1 N.Y.2d 436; People v. Wasserman, 46 A.D.2d 915, 917; see, generally, People v. Arabadjis, 93 Misc.2d 826). However, this error under the circumstances here was harmless (People v. Crimmins, 36 N.Y.2d 230). Defendant's claim that he was denied the effective assistance of counsel for his attorney's failure to make necessary pretrial motions, including motions for Brady and Rosario material, is without merit. Defendant further claims that he was denied the effective assistance of counsel because his attorney failed to move to dismiss the indictment for failure to grant a speedy trial and proceeded to trial in the absence of a crucial witness. Insufficient facts appear in this record to permit adequate review of these allegations, and these claims may be pursued, if the defendant is so advised, by moving pursuant to CPL 440.10. We have examined other contentions raised by defendant and find them to be without merit.

Use AI to get other relevant cases.

Comments

PEOPLE v. MANGINE
(Dec 14, 1979)