PEOPLE v. McDOWELL


47 N.Y.2d 858 (1979)

The People of the State of New York, Respondent, v. Daniel McDowell and Charles Dunleavy, Appellants.

Court of Appeals of the State of New York.

Decided June 12, 1979.


Attorney(s) appearing for the Case

Arnold Nussbaum and Samuel Korb for appellant.

John J. Santucci, District Attorney (Aley Z. Alexander of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed.

While defendants did object at trial as to certain questions posed by the prosecutor to defendant McDowell on cross-examination, the objections taken were clearly predicated on the ground that the prosecutor was making improper factual assumptions in the questions, and not that, as now argued, the nature of the questions themselves unduly prejudiced...

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