PEOPLE v. CRUZ


160 A.D.2d 893 (1990)

The People of the State of New York, Respondent, v. Harry Cruz, Appellant

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

April 16, 1990


Ordered that the judgment is affirmed.

Although the prosecutor should not have asked the codefendant if he had ever previously killed anyone at the defendant's request, a prompt objection to that question was sustained and the codefendant did not answer. This single isolated question did not deprive the defendant of a fair trial, and a new trial is not warranted (see, People v Levy, 140 A.D.2d 630; People v Wallace...

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