PEOPLE v. ROBERTS


70 N.Y.2d 682 (1987)

The People of the State of New York, Respondent, v. Richard J. Roberts, Appellant.

Court of Appeals of the State of New York.

Decided July 9, 1987.


Attorney(s) appearing for the Case

Peter Henner for appellant.

Sol Greenberg, District Attorney (Paul A. Clyne of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

The People concede that the trial court erred in permitting the prosecutor to question Edgington repeatedly concerning the identity of his accomplice after the witness had indicated his refusal to answer such questions. The People claim, however, that the error was harmless.

Under the circumstances of this case Edgington...

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