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PEOPLE v. CORNISH

43 A.D.2d 103 (1973)

The People of the State of New York, Respondent, v. Henry L. Cornish, Appellant

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

December 6, 1973.

Attorney(s) appearing for the Case

Louis Aaron Goldstone of counsel (William E. Hellerstein and Robert Kasanof, attorneys), for appellant.

Allen G. Swan of counsel (Michael R. Juviler with him on the brief; Frank S. Hogan, District Attorney), for respondent.

McGIVERN, J. P., MARKEWICH and LANE, JJ., concur with STEUER, J.; MURPHY, J., dissents in an opinion.

STEUER, J.

Defendant was convicted after trial of possession of a weapon as a felony and prohibited use of weapons. Proof at the trial left no doubt whatever of defendant's guilt and there is no claim on this appeal that it did. However, it appears that defendant testified on his own behalf. The Assistant District Attorney's cross-examination is claimed to be prejudicial as to three aspects of inquiry. As to...

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