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People v. Adeline

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1986
122 A.D.2d 61 (N.Y. App. Div. 1986)

Opinion

July 7, 1986

Appeal from the Supreme Court, Kings County (Schneier, J.).


Judgment affirmed.

The defendant was not entitled to have the court charge the jury that Anthony Falconite, a prosecution witness, was an accomplice to the crime whose testimony required corroboration before it could support a guilty verdict. There was no evidence presented which would have subjected Falconite to criminal liability for participation in the murder of the decedent (see, People v Aleschus, 81 A.D.2d 696).

Furthermore, Criminal Term properly denied a motion for a mistrial brought by defense counsel after a prosecution witness volunteered on cross-examination that he had taken a lie detector test. The prompt curative instruction issued by the court obviated any prejudice which might otherwise have resulted from this unsolicited remark (see, People v Vredenburg, 110 A.D.2d 730).

The other issues raised by the defendant, to the extent that they have been determined to be properly raised and preserved for review, have been found to be meritless. Thompson, J.P., Rubin, Eiber and Spatt, JJ., concur.


Summaries of

People v. Adeline

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1986
122 A.D.2d 61 (N.Y. App. Div. 1986)
Case details for

People v. Adeline

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT ADELINE…

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

Date published: Jul 7, 1986

Citations

122 A.D.2d 61 (N.Y. App. Div. 1986)

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