What is the test for a reversal of a judgment where the judge failed to pass on all but one question?
The following excerpt is from People v. Lane, 10 N.Y.2d 347, 179 N.E.2d 339, 223 N.Y.S.2d 197 (N.Y. 1961):
A reversal is also dictated by the cumulative effects of the improprieties committed on cross-examination and in the summation. Although taken singly they were not detrimental, considered collectively they were exceedingly harmful (see People v. Carborano, 301 N.Y. 39, 42, 92 N.E.2d 871, 872).
In this view it is not necessary to pass on the other questions.
Accordingly, all the judgments appealed from should be reversed, and a new trial ordered.
FULD, Judge (concurring).
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