# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · June 30, 1966 · 26 A.D.2d 614

URL: https://www.frixlaw.com/law-library/cases/5759239

## Case

- **Full name:** The People of the State of New York v. Waynon W. Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 30, 1966
- **Citations:** 26 A.D.2d 614; 271 N.Y.S.2d 933; 1966 N.Y. App. Div. LEXIS 3826
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5759239

## Opinion text

Judgment unanimously reversed on the law and facts and in the exercise of discretion, indictment dismissed, and defendant discharged. Memorandum: After a mistrial and two disagreements defendant on April 28, 1964 was convicted of unlawful assembly and assault third degree (misdemeanors). Sentence was suspended and defendant placed on probation for one year. The references to defendant’s religion on cross-examination and the admission in evidence of Exhibit 15 were irrelevant, unnecessary to the establishment of any essential element of the crimes charged and so prejudicial as to deprive defendant of a fair and impartial trial. Minimally defendant would be entitled to a new trial. (People v. Posner, 273 N. Y. 184 .) However, since he has served his probationary period, the ends of justice will be .accomplished in this case by the dismissal of the indictments and the discharge of the defendant. (Cf. People v. Kvalheim, 17 N Y 2d 510; People v. Scheuren, 148 App. Div. 324 .) (Appeal from judgment of Monroe County Court and a jury, convicting defendant of unlawful assembly and assault, third degree.) Present •—• Williams, P. J., Bastow, Goldman, Henry and Del Vecchio, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5759239. Public record. Not legal advice.