PEOPLE v. HUNNICUTT


15 A.D.2d 536 (1961)

The People of the State of New York, Respondent, v. Daniel J. Hunnicutt, Appellant

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

December 18, 1961


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

In our opinion, this defendant did not have a fair trial. The prosecutor's constant reference to 35 photographs allegedly found in defendant's automobile but not admitted in evidence, was improper and prejudicial, as were the prosecutor's comments with respect to the defendant's failure to testify at the felony examination held on October...

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