PEOPLE v. CARMACK


44 N.Y.2d 706 (1978)

The People of the State of New York, Appellant, v. James Carmack, Also Known as Peter Carmichael, Respondent.

Court of Appeals of the State of New York.

Decided March 29, 1978.


Attorney(s) appearing for the Case

Edward C. Cosgrove, District Attorney (John J. De Franks of counsel), for appellant.

Joseph B. Mistrett and Nathaniel A. Barrell for respondent.

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


MEMORANDUM.

Order affirmed for the reasons stated by Mr. Justice RICHARD D. SIMONS at the Appellate Division.

It is clear on the facts of this case, particularly as the evidence developed at trial, that the extensive cross-examination on prior drug possession charges was improper. Under the circumstances there was too great a danger that the evidence would tend to demonstrate a propensity to commit the very crime...

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