PEOPLE v. LOURIDO


70 N.Y.2d 428 (1987)

The People of the State of New York, Respondent, v. Hector Lourido, Also Known as Carlos Rodriguez, Appellant.

Court of Appeals of the State of New York.

Decided November 24, 1987.


Attorney(s) appearing for the Case

Lynn W. L. Fahey and Philip L. Weinstein for appellant.

John J. Santucci, District Attorney (Michael O'Brien of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

A detective may not be permitted to testify that a person being investigated and queried about the commission of a crime, who was not shown to understand English, responded with a high shrug of the shoulders. Comment by the prosecutor in summation compounded the prejudicial inferences of guilt which the jury was allowed to draw from this gesture. Further, in a rape case where the accused and the...

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