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. THOMAS CARR, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County, entered April 8, 1963 after a jury trial, convicting him of the violation of the Public Health Law with respect to narcotic drugs, as a felony and as a misdemeanor (Penal Law, §§ 1751, 1751-a), and imposing sentence upon him as a second felony offender. Judgment reversed on the law and a new trial granted. The findings of fact implicit in the jury's verdict have not been considered. As in People v. Phonveille ( 22 A.D.2d 814, 815), we think that under the facts and circumstances here presented, the trial court committed reversible error by reason of the limitations which it placed upon defendant's cross-examination of Officer Waterman with respect to a previous purchase of narcotics made on July 10, 1962. As stated in the Phonveille case ( supra): "On cross-examination of such a witness, the defendant should be given wide scope in probing his credibility with respect to the most relevant issue in the case ( People v. Ramistella, 306 N.Y. 379; People v. Barca, 9 A.D.2d 920)." Beldock, P.J., Ughetta, Christ, Hopkins and Benjamin, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. CARR
(Mar 8, 1965)