People v. Kennedy

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before HOPKINS; HOPKINS
• Citation: People v. Kennedy, 397 N.Y.S.2d 19, 59 A.D.2d 539 (N.Y. App. Div. 1977)
• Decision Date: 01 August 1977
• Parties: The PEOPLE, etc., Respondent, v. Lucia KENNEDY, Appellant.

Page 19

397 N.Y.S.2d 19

59 A.D.2d 539

The PEOPLE, etc., Respondent, v. Lucia KENNEDY, Appellant.

Supreme Court, Appellate Division, Second Department.

Aug. 1, 1977.

William E. Hellerstein and William J. Gallagher, New York City (Arthur T. Cambouris, New York City, of counsel), for appellant, and Lucia Kennedy, appellant pro se.

John J. Santucci, Dist. Atty., Kew Gardens (Eileen Sullivan, Kew Gardens, of counsel), for respondent.

Before HOPKINS, J. P., and RABIN, HAWKINS, O'CONNOR and MARTUSCELLO, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 16, 1975, convicting him of murder, upon a jury verdict, and imposing sentence.

Judgment reversed, on the law, and new trial ordered. No determination has been made with respect to the sufficiency of the facts.

The improper remarks of the prosecut during summation require a reversal. The prosecutor vouched for the truthfulness of the People's witnesses and made references to matters not in evidence during the course of the trial. This issue has been previously addressed by this court (see People v. Figueroa, 38 A.D.2d 595, 328 N.Y.S.2d 514; People v. Wasserman, 46 A.D.2d 915, 362 N.Y.S.2d 868).

Further, the trial court improperly construed People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413 as applying only to impeachment by proof of prior convictions. The court concluded it could not make an advance ruling as to impeachment by proof of the prior admission of criminal or immoral acts. This conclusion was improper. We reach no other question.

HOPKINS, J. P., and RABIN, HAWKINS...