People v. Kass
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Fisher, J.
In this extraordinary case, we find that the defendant was deprived of a fair trial by the combination of the trial court’s mishandling of hearsay objections and its refusal to give a missing witness charge as to a registered jailhouse informant. Accordingly, we reverse the judgment and order a new trial.
While incarcerated and awaiting trial on an embezzlement charge, the defendant allegedly asked a fellow inmate to introduce him to people who, for money, would be willing to kill two witnesses who were expected to testify against him. The inmate turned out to be…
2Cases cited30 opinions
- People v. DanielsonNew York Court of Appeals · 2007
- People v. GonzalezNew York Court of Appeals · 1986
- People v. SavinonNew York Court of Appeals · 2003
- People v. KitchingNew York Court of Appeals · 1991
- People v. ToscaNew York Court of Appeals · 2002
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3Cited by27 opinions
- People v. BorukhovaAppellate Division of the Supreme Court of the State of New York · 2011
- People v. StocksAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WisdomAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MontoyaAppellate Division of the Supreme Court of the State of New York · 2009
- People v. McPhillipsAppellate Division of the Supreme Court of the State of New York · 2015
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