PEOPLE v. PIERCE


1 A.D.2d 680 (1955)

The People of the State of New York, Respondent, v. Frederick W. Pierce, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 12, 1955


Judgment reversed on the law and the facts and new trial ordered.

The cross-examination of appellant as to his failure to answer questions put to him after he had been taken into custody was improper, and the introduction into evidence of People's Exhibit 8 over appellant's objection was without justification as it had no probative value and had an obviously prejudicial effect. In any event, a new trial should be had in the interests of justice. No separate appeal...

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