Hyperlawhypertext legal databasebeta People v. De Vito 56 N.Y.2d 846

← Cases

People v. De Vito

56 N.Y.2d 846 Court N.Y. Decision date 1982-06-08 English

Contents

Majority

p. 846
The People of the State of New York, Respondent, v John R. De Vito, Appellant.
Argued May 5, 1982;
decided June 8, 1982
p. 847
APPEARANCES OF COUNSEL
Murray Bogatin for appellant.
Patrick Henry, District Attorney (John G. Poli of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Although it was inappropriate for the trial court to address counsel as it did in the presence of the jury, it was not error for the court to prevent counsel from cross-examining the witness concerning the possibility of her receiving a life sentence, a risk to which the defendant was also exposed.

No door had been opened to this inquiry and it was not necessary to specify the potential sentence in order to explain to the jury the extent of the arrangement the witness had made with the prosecutor for a grant of immunity (P eople v Roth, 30 NY2d 99 ).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

Cases cited