PEOPLE v. HUFF


5 A.D.2d 795 (1958)

The People of the State of New York, Respondent, v. David Huff, Appellant

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

January 27, 1958


Judgment reversed on the law and a new trial ordered. The findings of fact are affirmed.

The issue at the trial was whether appellant and another, knowing the complainant to be a police officer, had assaulted him while he was making an arrest in civilian clothes. It was improper for the prosecution to interrogate the complainant as to whether he knew appellant "on a social basis." This impropriety was further aggravated by the court recalling complainant, who testified...

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