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People v. Garrett

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 1955
285 App. Div. 1088 (N.Y. App. Div. 1955)

Opinion

April 25, 1955.

Appeal from County Court, Queens County.

Present — Nolan, P.J., Wenzel, Schmidt, Beldock and Murphy, JJ.


While this court does not approve the practice, upon the voir dire of prospective jurors, of propounding hypothetical questions containing detailed statements of fact, which counsel expects to establish, and pre-supposed rules of law to be charged by the court, with the extraction of a statement by a talesman as to how he shall vote under the circumstances, upon all the facts disclosed in this record and in view of the substantial proof of defendants' guilt, the error may be disregarded under section 542 of the Code of Criminal Procedure.


Summaries of

People v. Garrett

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 1955
285 App. Div. 1088 (N.Y. App. Div. 1955)
Case details for

People v. Garrett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD GARRETT, True…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 25, 1955

Citations

285 App. Div. 1088 (N.Y. App. Div. 1955)

Citing Cases

York v. Fischer

However, the hypotheticals must be fair and balanced, must not indicate to the jury that the court has an…