PEOPLE v. WOOD


66 N.Y.2d 374 (1985)

The People of the State of New York, Respondent, v. Bruce Wood, Appellant.

Court of Appeals of the State of New York.

Decided December 19, 1985.


Attorney(s) appearing for the Case

John B. Garrity, Jr., Public Defender (Samuel Collins of counsel), for appellant.

William V. Grady, District Attorney (Joan H. McCarthy of counsel), for respondent.

Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.


Chief Judge WACHTLER.

On this appeal, we must determine whether the prosecutor's questioning of the primary defense witness about his religious beliefs and his decision to affirm, rather than swear, to the truth of his testimony constitutes reversible error. While we decline to hold that such questioning constitutes error per se, we hold that, except under extraordinary circumstances, it must be deemed sufficiently...

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