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DAVIDSON v. SMITH

No. 247, Docket 91-2365.

9 F.3d 4 (1993)

Ronald DAVIDSON, Plaintiff-Appellant, v. C.O. John J. SMITH, Sgt. Richard Windle, and Lt. Edward J. Kolor, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 3, 1993.

Attorney(s) appearing for the Case

Carolyn E. Bassani, New York City (David S. Versfelt, Donovan Leisure Newton & Irving, on the brief), for plaintiff-appellant.

Barbara B. Butler, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., on the brief), for defendants-appellees.

Before: NEWMAN, Chief Judge, PIERCE and MINER, Circuit Judges.

JON O. NEWMAN, Chief Judge:

When a lawyer violates a trial court's order not to elicit particular testimony that has been ruled prejudicial, the lawyer risks reversal of any favorable judgment that may be obtained. This appeal presents the issue whether, in the circumstances of this case, such conduct should incur that consequence. The issue arises on an appeal by plaintiff-appellant Ronald Davidson, an inmate at Attica Prison, from the July 12, 1991, judgment of...

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