Legal Opinion

People v. Zayas

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 1978PublishedCited by 7 opinions

1Opinion of the Court

*595OPINION OF THE COURT

Fein, J.

Appellant was convicted after a jury trial of sodomy in the first degree and aggravated harassment.

The human condition is such that no person can be guaranteed a perfect trial. However, the Constitution mandates that every defendant be given a fair trial. Defendant asserts that he was denied a fair trial because of counsel’s failure to call as witnesses on his behalf three persons whose testimony would have placed him at a location far from the scene of the crime at the time it was allegedly committed. An analysis of the trial testimony is required to test this…

2Cases cited5 opinions

  1. People v. DrozNew York Court of Appeals · 1976
  2. People v. GruttolaNew York Court of Appeals · 1977
  3. People v. DaltonNew York Court of Appeals · 1976
  4. People v. SteepsAppellate Division of the Supreme Court of the State of New York · 1976
  5. People v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by7 opinions

  1. David Barnes v. Everett W. Jones, Superintendent Great Meadow Correctional Facility and the State of New YorkCourt of Appeals for the Second Circuit · 1981
  2. People v. AfrickAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 1978
  4. People v. BooneAppellate Division of the Supreme Court of the State of New York · 1981
  5. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1985

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