PEOPLE v. DEMKO


71 A.D.2d 608 (1979)

The People of the State of New York, Respondent, v. Joseph Demko, Appellant

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

July 2, 1979


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

Although defendant had been arrested for driving while intoxicated he was never convicted on that charge and, in fact, the charge had been dismissed prior to his trial on the instant indictment. Accordingly, it was gross error to admit evidence that defendant had been arrested for driving while intoxicated, and this error was compounded by the prosecutor's reference thereto...

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