People v. Bell

OPINION OF THE COURT

Herbert A. Posner, J.

THE ISSUE

In this motion for a new trial based upon newly discovered evidence, the court was confronted with a novel issue after it conducted a hearing (see, People v Stokes, 83 AD2d 968) and learned that the newly discovered evidence posed the same dilemma as was immortalized by Shakespeare in Hamlet’s famous soliloquy, “To be or not to be.” In this case the question was: Is this evidence to be admissible at a new trial or is it not to be admissible at a new trial? If it is admissible it could very well result in an acquittal on one (felony murder) of…