PEOPLE v. MILLER


41 N.Y.2d 857 (1977)

The People of the State of New York, Respondent, v. John Miller, Appellant.

Court of Appeals of the State of New York.

Decided February 15, 1977.


Attorney(s) appearing for the Case

Patrick M. Wall for appellant.

Mario Merola, District Attorney (Stephen R. Bookin of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division is affirmed.

It was flagrant misconduct for the trial prosecutor to elicit the response that the defendant was the source of the heroin for the possession of which the witness Williams had been convicted in an unrelated case. In view of the Trial Judge's prompt curative instructions to the jury and trial counsel's express declination to move for a mistrial, the error...

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