PEOPLE v. MONTGOMERY


103 A.D.2d 622 (1984)

The People of the State of New York, Respondent, v. Michael Montgomery, Appellant

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

November 7, 1984


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (David Milliken of counsel), for appellant.

Howard R. Relin, District Attorney (Wendy Lehmann of counsel), for respondent.

DILLON, P. J., CALLAHAN, DOERR, DENMAN and O'DONNELL, JJ., concur.


Per Curiam.

While we affirm this judgment of conviction, we write again to condemn, as forcefully as possible, prosecutorial cross-examination which compels a defendant to state that the police or other witnesses lied in their testimony. In light of the vast number of published judicial decisions criticizing this prosecutorial tactic, it is inconceivable that any prosecutor would be unaware of the impropriety of such conduct. If he is, he fails shamefully in...

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