PEOPLE v. MURPH


38 A.D.2d 834 (1972)

The People of the State of New York, Respondent, v. Columbus Murph, Appellant

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

February 7, 1972


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

The findings of fact implicit in the jury's verdict have not been considered. In our opinion, the trial court committed error in limiting the scope of the cross-examination of the prosecution's principal witness. That witness, who has a history of violent behavior, had the opportunity herself to commit the homicide of which defendant was found guilty. Under these unusual circumstances, it was highly prejudicial...

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