PEOPLE v. MARSHALL


29 A.D.2d 624 (1967)

The People of the State of New York, Respondent, v. Ellis Marshall, Appellant

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

December 7, 1967


Judgment unanimously affirmed.

Memorandum:

We disapprove of the District Attorney's statement in his opening to the jury that he would possibly call an additional police officer but might not do so if he felt that the testimony would be just cumulative thereby giving the impression that although the additional police officer was not called his testimony would have been consistent with the evidence given by the officer who did testify. Since the statement did...

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