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PEOPLE v. LEWIS

123 A.D.2d 716 (1986)

The People of the State of New York, Respondent, v. Herbert Lewis, Appellant

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

October 14, 1986

Ordered that the judgment is affirmed.

A mistrial was declared during the defendant's first trial because, in response to a question from the prosecutor as to the first thing he did in his investigation, a police officer testified that he looked in his files to see if the names of the defendant and his codefendant Oscar Williams were there and that their names were in fact listed. During the second trial, which resulted...

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