People v. Turaine

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

On the day of defendant’s jury trial one of the witnesses against him, who was being held on other charges, was mistakenly placed in the holding pen in the courthouse with defendant. During the trial, the prosecutor attempted to have the witness testify that while in the holding pen, defendant threatened or intimidated him to prevent him from testifying. Before receiving the evidence, the trial court conducted a hearing in the absence of the jury. Over objection, the court excluded…