PEOPLE v. BALAKITSIS


181 A.D.2d 615 (1992)

The People of the State of New York, Respondent, v. James Balakitsis, Appellant

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

March 26, 1992


There is no merit to defendant's argument that he was deprived of a fair trial by the complainant's unsolicited remark during cross-examination that "defendant said he was guilty", since the remark was not the functional equivalent of informing the jury that defendant had withdrawn a guilty plea to the same charge for which he was on trial (see, People v Martinez, 164 A.D.2d 826, lv denied 76 N.Y.2d 1022). Moreover...

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