PEOPLE v. DE VITO


56 N.Y.2d 846 (1982)

The People of the State of New York, Respondent, v. John R. De Vito, Appellant.

Court of Appeals of the State of New York.

Decided June 8, 1982.


Attorney(s) appearing for the Case

Murray Bogatin for appellant.

Patrick Henry, District Attorney (John G. Poli of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Although it was inappropriate for the trial court to address counsel as it did in the presence of the jury, it was not error for the court to prevent counsel from cross-examining the witness concerning the possibility of her receiving a life sentence, a risk to which the defendant was also exposed.

No door had been opened to this inquiry and...

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