Appellate Division of the Supreme Court of New York, 1982

People v. Hagen

Appellate Division of the Supreme Court of New York · Decided January 18, 1982

86 A.D.2d 617; 446 N.Y.S.2d 91; 1982 N.Y. App. Div. LEXIS 15156

Cases that cite this one

4 later published cases cite this decision.

Barney Earl Crutchfield v. Louie L. Wainwright, Jim Smith (11th Cir. 1986)
People v. Joseph (Appellate Division of the Supreme Court of New York 1993)
People v. Schiliro (Appellate Division of the Supreme Court of New York 1992)
People v. Blount (Appellate Division of the Supreme Court of New York 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered October 19, 1979, convicting her of *618manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. During cross-examination of defendant, the trial court ordered an overnight recess. At that time, the court gave the following instruction: “I’m instructing you not to discuss with this witness, Mr. Jacobs [defendant’s counsel], her testimony in any manner, shape or form, and I do not think that I am depriving her of her right to counsel. She’s on the stand. She’s being cross-examined, and I’m instructing you not to do it.” Though defendant’s counsel objected to the directive, he stated that he would obey it. We believe that such instruction violated defendant’s constitutional right to assistance of counsel (see Geders v United States, 425 US 80; People v Narayan, 54 NY2d 106). Gibbons, J. P., Gulotta, O’Connor and Bracken, JJ., concur.

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