PEOPLE v. BRANCH


34 A.D.2d 541 (1970)

The People of the State of New York, Respondent, v. James Edward Branch, Appellant

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

March 2, 1970


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

In our opinion it was prejudicial error to permit the prosecutor to question defendant about two other similar crimes allegedly committed by him and for which he had been indicted but not yet tried, since on this record it seems clear that the intent of those questions was not to impeach his credibility but rather to show that he had a propensity to commit the crime for...

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