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PEOPLE v. DOWDELL

88 A.D.2d 239 (1982)

The People of the State of New York, Respondent, v. John Dowdell, Defendant-Appellant

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

July 29, 1982

Attorney(s) appearing for the Case

Daniel Rosen of counsel (Howard B. Comet with him on the brief; William E. Hellerstein, attorney), for defendant-appellant.

Reginald C. Govan of counsel (Mark Dwyer with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MURPHY, P. J. and CARRO, J., concur with ROSS, J.; SANDLER, J., dissents in an opinion.

ROSS, J.

The appeal now before this court, presents the question of when error, seemingly harmless, becomes prejudicial so as to deprive appellant of a fair trial? In this case, appellant's guilt was established by overwhelming evidence, and if this case had been tried without the numerous errors, hereinafter discussed, appellant's conviction would have been readily affirmed. However, the cumulative effect of...

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