From Casetext: Smarter Legal Research

People v. De Vito

Court of Appeals of the State of New York
Jun 8, 1982
438 N.E.2d 874 (N.Y. 1982)

Opinion

Argued May 5, 1982

Decided June 8, 1982

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH JASPAN, J.

Murray Bogatin for appellant.

Patrick Henry, District Attorney ( John G. Poli of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Although it was inappropriate for the trial court to address counsel as it did in the presence of the jury, it was not error for the court to prevent counsel from cross-examining the witness concerning the possibility of her receiving a life sentence, a risk to which the defendant was also exposed.

No door had been opened to this inquiry and it was not necessary to specify the potential sentence in order to explain to the jury the extent of the arrangement the witness had made with the prosecutor for a grant of immunity ( People v Roth, 30 N.Y.2d 99).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed in a memorandum.


Summaries of

People v. De Vito

Court of Appeals of the State of New York
Jun 8, 1982
438 N.E.2d 874 (N.Y. 1982)
Case details for

People v. De Vito

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN R. DE VITO…

Court:Court of Appeals of the State of New York

Date published: Jun 8, 1982

Citations

438 N.E.2d 874 (N.Y. 1982)
438 N.E.2d 874
453 N.Y.S.2d 168

Citing Cases

People v. Gomez

In any event, any error was harmless beyond a reasonable doubt, as there was overwhelming evidence of the…

People v. Gomez

In any event, any error was harmless beyond a reasonable doubt, as there was overwhelming evidence of the…