PEOPLE v. WRIGHT (EDWARD)


41 N.Y.2d 118 (1976)

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

Court of Appeals of the State of New York.

Decided December 22, 1976.


Attorney(s) appearing for the Case

Michael L. Hertzberg and William E. Hellerstein, New York City, for appellant.

Eugene Gold, District Attorney (Jeffrey Speiser of counsel), Brooklyn, for respondent.

Judges JONES, FUCHSBERG and COOKE concur with Chief Judge BREITEL; Judge JASEN dissents and votes to affirm in a separate opinion in which Judges GABRIELLI and WACHTLER concur.


Chief Judge BREITEL.

Defendant, convicted of murder and sentenced from 20 years to life, appeals. He asserts that error was committed on the jury trial which resulted in his conviction. Only one of the errors asserted merits consideration by this court, namely, that a prior out-of-court statement by one of the People's witnesses, used to bolster his testimony, badly battered on cross-examination, was admitted...

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