People v. Allen
| Decision Date | 10 June 1980 |
| Citation | 430 N.Y.S.2d 588,50 N.Y.2d 898,408 N.E.2d 917 |
| Parties | , 408 N.E.2d 917 The PEOPLE of the State of New York, Respondent, v. Nelson ALLEN, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed for the reasons stated in the opinion by Presiding Justice Milton Mollen at the Appellate Division. 67 A.D.2d 558, 416 N.Y.S.2d 49. In addition we would note that we do not agree with the defendant that every error which improperly curtails a defendant's right to cross-examine a prosecution witness with respect to prior criminal acts is per se reversible error. That would be particularly inappropriate in cases such as this, where the witnesses' prior criminal history was extensively explored on cross-examination although not totally or definitively set forth as the defendant may have wished.
Order affirmed in a memorandum.
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47 cases
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People v. Chin
...are collateral to the direct examination, which does not require the striking of direct testimony (see, e.g., People v. Allen, 50 N.Y.2d 898, 430 N.Y.S.2d 588, 408 N.E.2d 917, affg. 67 A.D.2d 558, 416 N.Y.S.2d 49; People v. Codrington, 109 A.D.2d 891, 487 N.Y.S.2d 83; People v. Jones, 99 A.......
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People v. Mastin
...(see, People v. Caines, supra, at 278, 634 N.Y.S.2d 94; People v. Allen, 67 A.D.2d 558, 559-560, 416 N.Y.S.2d 49, affd. 50 N.Y.2d 898, 430 N.Y.S.2d 588, 408 N.E.2d 917). Moreover, the evidence of defendant's guilt, including defendant's statements and the circumstances surrounding the fire,......
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People v. Williams
...(see, People v. Robideau, 121 A.D.2d 769, 503 N.Y.S.2d 181; People v. Allen, 67 A.D.2d 558, 560, 416 N.Y.S.2d 49, affd. 50 N.Y.2d 898, 430 N.Y.S.2d 588, 408 N.E.2d 917). This principle is not applicable when the witness is also a codefendant since the possibility of prejudice to the codefen......
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People v. Ashner
...witness, such an error is not per se reversible (see, People v. Allen, 67 A.D.2d 558, 560, 416 N.Y.S.2d 49, affd 50 N.Y.2d 898, 430 N.Y.S.2d 588, 408 N.E.2d 917). Thus, if error is found, an appellate determination must be made as to whether the error was harmless beyond a reasonable doubt ......
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9 books & journal articles
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Table of cases
...§ 16:60 People v. Allen , 300 N.Y. 222, 90 N.E. 48 (1949), § 5:110 People v. Allen, 67 A.D.2d 558, 416 N.Y.S.2d 49 (2d Dept. 1979), aff’d 50 N.Y.2d 898, 430 N.Y.S.2d 588 (1980), § 15:100 People v. Allen, 86 N.Y.2d 101, 629 N.Y.S.2d 1003 (1995), § 2:270 People v. Allen, 88 N.Y.2d 831, 644 N.......
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Witness examination
...Brinkworth , 112 A.D.2d 799, 492 N.Y.S.2d 309 (4th Dept. 1985); People v. Allen , 67 A.D.2d 558, 416 N.Y.S.2d 49 (2d Dept. 1979), aff’d 50 N.Y.2d 898, 430 N.Y.S.2d 588 (1980). Thus, New York follows the “English Rule” in criminal cases, permitting cross-examination on any relevant propositi......
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Witness examination
...Brinkworth , 112 A.D.2d 799, 492 N.Y.S.2d 309 (4th Dept. 1985); People v. Allen , 67 A.D.2d 558, 416 N.Y.S.2d 49 (2d Dept. 1979), af ’d 50 N.Y.2d 898, 430 N.Y.S.2d 588 (1980). hus, New York follows the “English Rule” in criminal cases, permitting cross-examination on any relevant propositio......
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Witness examination
...Brinkworth , 112 A.D.2d 799, 492 N.Y.S.2d 309 (4th Dept. 1985); People v. Allen , 67 A.D.2d 558, 416 N.Y.S.2d 49 (2d Dept. 1979), af ’d 50 N.Y.2d 898, 430 N.Y.S.2d 588 (1980). hus, New York follows the “English Rule” in criminal cases, permitting cross-examination on any relevant propositio......
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