People v. Loewinger

• Decision Date: 15 March 1972
• Citation: 281 N.E.2d 847,30 N.Y.2d 587,330 N.Y.S.2d 801
• Parties: , 281 N.E.2d 847 PEOPLE, etc., Respondent, v. Robert LOEWINGER, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 801

330 N.Y.S.2d 801

30 N.Y.2d 587, 281 N.E.2d 847

PEOPLE, etc., Respondent, v.Robert LOEWINGER, Appellant.

Court of Appeals of New York.

March 15, 1972.

Appeal from the Supreme Court, Appellate Division, Third Department, 37 A.D.2d 675, 323 N.Y.S.2d 98.

John S. McBride, Monticello, Joel M. Proyect, South Fallsburg, for defendant-appellant.

Louis B. Scheinman, Woodbourne, for respondent.

By a judgment of the County Court, Sullivan County, the defendant was convicted of assault in the third degree and prisoner escape and he appealed.

The Appellate Division affirmed.It held that where defense counsel had not set forth any material omission when questioned concerning what portions of witness' cross-examination remained unfinished, witness' complete testimony at preliminary examination, both direct and cross-examination, was read to jury and defense rejected trial court's offer to strike testimony of deceased witness, mistrial was not warranted because witness was killed in an automobile accident during adjournment and before his cross-examination was concluded.The defendant appealed.

In the Court of Appealsthe defendant asserted that the conduct of investigating officers was unreasonable and illegal, that...