People v. Pepe

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 4, 1978, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The trial court abused its discretion in denying defendant’s application for a continuance. Defendant’s two infant sons were facing juvenile delinquency charges, pending in the Family Court, after being arrested with the defendant for participating in the murder of his wife. Their attorney stated that if they were called to testify in their father’s case,…