PEOPLE v. MOORE


23 A.D.2d 854 (1965)

The People of the State of New York, Respondent, v. Robert J. Moore, Appellant

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

May 3, 1965


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

At the trial, defendant elicited from the complaining witness testimony that, years prior to the alleged commission of the crimes at bar, defendant had struck him and kicked his foot through his storefront window. The trial court, stating that the complainant's testimony did not bear upon defendant's guilt or innocence of the crimes for which he was being tried, directed the jury to disregard such testimony...

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