PEOPLE v. VASQUEZ


120 A.D.2d 757 (1986)

The People of the State of New York, Respondent, v. Nestor Vasquez, Appellant

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

May 27, 1986


Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

The cumulative prejudicial effect of several errors deprived the defendant of a fair trial. On two occasions, the complaining witness testified that he went to the police precinct to see photographs. On each occasion, defense counsel moved for a mistrial, but instead the trial court gave a curative instruction. Nevertheless, once the jury had become aware...

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