PEOPLE v. CLARK


64 A.D.2d 669 (1978)

The People of the State of New York, Respondent, v. Amos Clark, Appellant

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

July 24, 1978


Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

During cross-examination of an alibi witness, who was defendant's common-law wife, the prosecutor, over objection, persisted in inquiring whether she ever went to the police or the District Attorney with "this story". Such a line of inquiry may be proper provided: (1) a specific instruction be promptly given to the jury that "an alibi witness has no obligation...

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