PEOPLE v. CAVINESS


38 N.Y.2d 227 (1975)

The People of the State of New York, Respondent, v. Burnis Caviness, Appellant.

Court of Appeals of the State of New York.

Decided December 29, 1975.


Attorney(s) appearing for the Case

Richard A. Greenberg and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (Steven W. Fisher of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


COOKE, J.

On this appeal, Burnis Caviness contends that two evidentiary errors during trial, resulting in his conviction of manslaughter in the second degree, warrant reversal. One involves the admissibility of a spontaneous declaration by a bystander; the other, the allowance of cross-examination of defendant as to a prior conviction.

In the late afternoon or early evening of March 11, 1972, William...

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