People v. Elliot

Motion by the People for reargument is granted, and after careful consideration, the court adheres to its original decision (74 Misc 2d 974). With respect to the prosecutor’s inquiry as to the scope of the original decision, the court believes that it clearly and unequivocally held therein that the defendant is not only entitled to a list of the People’s contra alibi witnesses who may testify in rebuttal to the defendant’s alibi witnesses, but is also entitled to a list of contra alibi witnesses who may testify on the People’s direct case.

Despite fears expressed by the prosecutor, the court…