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PEOPLE v. LEONE

44 A.D.2d 844 (1974)

The People of the State of New York, Respondent, v. Richard Leone, Appellant

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

May 20, 1974

We do not, by our affirmance, condone the prosecutor's action in reopening cross-examination of defendant's wife and mother for questioning as to their participation in, or knowledge of, defendant's alleged prior criminal activities. However, upon the entire record, we find no reversible error (see CPL 470.05, subd. 1).

Martuscello, J., dissents and votes to reverse the judgment and grant a new trial, with the following memorandum:

Defendant was...

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